Legal Opinion
La Mancha Aire, Inc. v. Federal Deposit Insurance (In Re La Mancha Aire, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided July 26, 1984No. 18-19325PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
The chapter 11 debtor-in-possession seeks avoidance under 11 U.S.C. § 547(b) of a preferential transfer. Defendant has answered and the matter was tried on July 19.
The facts are not in dispute. In March 1983, the debtor, a Miami charter air service, borrowed $75,000 from a Miami bank upon a note secured by a Douglas DC7CF aircraft, Serial No. 45188, Registration No. N103LM.
A financing statement was filed promptly with the Secretary of State in Tallahassee, but § 679.302(3)(a), Florida Statutes, provides that a Florida UCC filing:
“is not…
2Cases cited3 opinions
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Fed. Sec. L. Rep. P 98,654 William L. Gunter and Camille S. Gunter v. Theodore M. HutchesonCourt of Appeals for the Eleventh Circuit · 1982
- O'NEILL v. Barnett Bank of Jacksonville, NADistrict Court of Appeal of Florida · 1978
3Cited by10 opinions
- In Re Aerco Metals, Inc.United States Bankruptcy Court, N.D. Texas · 1985
- Evans v. Robbins (In Re Robbins)United States Bankruptcy Court, W.D. Missouri · 1988
- Gallant v. Kanterman (In Re Kanterman)United States Bankruptcy Court, S.D. New York · 1989
- Gallant v. Kanterman (In Re Kanterman)District Court, S.D. New York · 1989
- Air Florida Systems, Inc. v. United States (In Re Air Florida Systems, Inc.)United States Bankruptcy Court, S.D. Florida. · 1985
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