Legal Opinion

Frier v. Creative Bath Products, Inc. (In re Measure Control Devices, Inc.)

District Court, E.D. New York

Decided April 23, 1985No. Bankruptcy No. 184-41389; Adv. No. 185-0010Published

1Opinion of the Court

CONRAD B. DUBERSTEIN, Chief Judge.

This is an adversary proceeding in which a trustee in bankruptcy seeks to avoid a lien in accordance with § 544 of the Bankruptcy Code. We find the creditor’s security interest was not perfected pursuant to state law and was therefore ineffective against the trustee.

FACTS

The facts in this case are not in dispute. On September 5, 1984, Measure Control Devices, Inc. (“Measure Control”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code. On December 12, 1984 the case was converted to a liquidation proceeding pursuant to Chapter 7. At that time…

2Cases cited5 opinions

Brent Explorations, Inc. v. Karst Enterprises, Inc. (In Re Brent Explorations, Inc.)United States Bankruptcy Court, D. Colorado · 1983
Edward Pirsig Farms, Inc. v. John Deere Co. (In Re Pirsig Farms, Inc.)District Court, D. Minnesota · 1985
Togut v. Wapnick (In Re Karachi Cab Corp.)United States Bankruptcy Court, S.D. New York · 1982
Sapir v. Mancuso (In Re Kambourelis)United States Bankruptcy Court, N.D. New York · 1981
Matter of Leymor Industries, Inc.United States Bankruptcy Court, S.D. New York · 1980