Legal Opinion

Greenbelt Cooperative, Inc. v. Werres Corp. (In Re Greenbelt Cooperative, Inc.)

United States Bankruptcy Court, D. Maryland

Decided February 12, 1991No. 19-10584PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

E. STEPHEN DERBY, Bankruptcy Judge.

The issues raised by this adversary proceeding involve the effect on perfection of a security interest in equipment, vis a vis the debtor-in-possession, of a UCC financing statement filed under a trade name of the debtor.

The Debtor, Greenbelt Cooperative, Inc., has filed a complaint under 11 U.S.C. § 544(a) to avoid a lien of defendant Raymond Leasing Corporation (“Raymond") in certain equipment, and proceeds thereof. Debtor contends the lien was not perfected prepetition and is therefore void against Debtor, as representative of its…

2Cases cited26 opinions

  1. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
  2. In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
  3. In Re PlattDistrict Court, E.D. Pennsylvania · 1966
  4. In the Matter of Glasco, Inc., D/B/A Elite Boat Company, Bankrupt. Earl T. Brushwood, Trustee v. Citizens Bank of Perry, a Banking CorporationCourt of Appeals for the Fifth Circuit · 1981
  5. Whiteford Plastics Co., Inc. v. Chase National Bank of New York CityCourt of Appeals for the Second Circuit · 1950

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3Cited by18 opinions

  1. Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)United States Bankruptcy Court, D. South Carolina · 1995
  2. Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000
  3. Rinn v. First Union National Bank of MarylandDistrict Court, D. Maryland · 1995
  4. Derrick v. Richard L. Grafe Commodities, Inc. (In Re Derrick)United States Bankruptcy Court, W.D. Wisconsin · 1995
  5. Glanz v. RJF International Corp. (In Re Glanz)United States Bankruptcy Court, D. Maryland · 1997

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