In Re Misco Supply Co.
United States Bankruptcy Court, D. Kansas
1Opinion of the Court
MEMORANDUM OF DECISION
ROBERT B. MORTON, Bankruptcy Judge.
ISSUE
Whether the trustee as a bona fide purchaser under 11 U.S.C. § 545(2) may avoid a Louisiana vendor’s lien privilege attaching to tubular drill casing sold debtor by objectant. 1
FACTS
Material facts are not in dispute: Objec-tant, Stupp Corporation, a Delaware corporation with its principal place of business in Baton Rouge, Louisiana (Stupp), sold and delivered to debtor, Misco Supply Co. (Mis-co), 8%" tubular drill casing for a price of $72,137.20. The invoice was not paid and debtor scheduled that amount as an unsecured claim.…
2Cases cited9 opinions
- Bernard v. Beneficial Finance Co.Supreme Court of the United States · 1969
- Hughes v. MackCourt of Appeals for the Fifth Circuit · 1983
- In Re TrahanDistrict Court, W.D. Louisiana · 1968
- In the Matter of Caldwell Joseph Trahan. Rodney Bernard, Jr., Trustee v. Beneficial Finance CompanyCourt of Appeals for the Fifth Circuit · 1969
- In the Matter of Tape City, U.S.A., Inc., Debtor. Borg-Warner Acceptance Corporation v. Tape City, U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1982
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3Cited by3 opinions
- In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, TrusteeCourt of Appeals for the Sixth Circuit · 1995
- United States v. SiererDistrict Court, N.D. Florida · 1991
- Widemire v. Siddiki Bros. (In Re King Arthur Clock Co.)United States Bankruptcy Court, S.D. Alabama · 1989