Legal Opinion

Official Committee of Unsecured Creditors for Tyringham Holdings, Inc. v. Suna Bros. (In Re Tyringham Holdings, Inc.)

United States Bankruptcy Court, E.D. Virginia

Decided December 1, 2006No. 19-70139PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

DOUGLAS O. TICE JR., Chief Judge.

Trial was held on November 13, 2006, on plaintiffs complaint to determine the validity, priority, or extent of a lien under a consignment held by defendant Suna Bros. Inc. The issue is whether Suna’s financing statement was seriously misleading because it was not filed under the correct name of the debtor. For the reasons set forth below, the court finds that the financing statement is seriously misleading. Therefore, the defendant’s lien is unper-fected, and plaintiff may sell the collateral free and clear of any lien or interest…

2Cases cited4 opinions

  1. Pankratz Implement Co. v. Citizens National BankSupreme Court of Kansas · 2006
  2. All Business Corp. v. ChoiCourt of Appeals of Georgia · 2006
  3. Receivables Purchasing Co. v. R&R Directional Drilling, LLCCourt of Appeals of Georgia · 2003
  4. Planned Furniture Promotions, Inc. v. Benjamin S. Youngblood, Inc.District Court, M.D. Georgia · 2005

3Cited by3 opinions

  1. In Re John's Bean Farm of Homestead, Inc.United States Bankruptcy Court, S.D. Florida. · 2007
  2. First Community Bank v. Jones (In Re Silver Dollar, LLC)United States Bankruptcy Court, E.D. Tennessee · 2008
  3. Patterson Dental Supply, Inc. v. Aesthetic Dentistry of Charlottesville, PCDistrict Court, W.D. Virginia · 2020

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