Legal Opinion
In re Jaffe
United States Bankruptcy Court, S.D. Florida.
Decided June 18, 1999No. Bankruptcy No. 95-15467-BKC-RAMPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO SECURED CLAIMS
ROBERT A. MARK, Bankruptcy Judge.
This contested matter presents a narrow issue: When is a lien against a partnership *491interest perfected under Florida law? The issue is framed by the Chapter 7 trustee’s objection to the secured claim filed by Marion & Cass St. Corp. (“Marion”). For the reasons discussed below, the Court finds that Marion failed to perfect a security interest against a partnership interest owned by the debtor since it did not obtain a charging order prior to the petition date. Therefore, the trustee’s…
2Cases cited5 opinions
- Krauth v. First Continental Dev-Con, Inc.District Court of Appeal of Florida · 1977
- In Re StocksUnited States Bankruptcy Court, N.D. Florida · 1989
- In Re MasvidalCourt of Appeals for the Eleventh Circuit · 1993
- O'Neil v. Miller (In Re Bridgeman)United States Bankruptcy Court, D. Connecticut · 1996
- Pryor v. Basvis Realty Corp. (In Re Madden)United States Bankruptcy Court, E.D. New York · 1994
3Cited by2 opinions
- Capstone Bank v. WinSouth Credit UnionDistrict Court of Appeal of Florida · 2017
- In re: Donald G. Beaumier, Jr., and Arielle S. Beaumier v. Kathi RaleyUnited States Bankruptcy Court, N.D. West Virginia · 2026