U.S. Bank v. Custom Coals Laurel (In Re Custom Coals Laurel)

MEMORANDUM OPINION 1

JUDITH K. FITZGERALD, Chief Judge.

The matter before the court is U.S. Bank’s Motion for Relief from the Automatic Stay under § 362(d)(2) to enforce its rights as a secured creditor with a perfected interest in annuities owned by Debtor and held by Utica Mutual Insurance Company (“Utica Mutual”). The Respondents assert that U.S. Bank is not properly perfected and that each of the creditor Respondents is. Respondents assert that (1) an annuity is not a general intangible and so U.S. Bank’s interest cannot be perfect ed under the Uniform Commercial Code (“UCC”) by filing a…