Legal Opinion
Brown v. Belarus MacHinery, Inc. (In Re Service Lawn & Power, Inc.)
United States Bankruptcy Court, E.D. Tennessee
Decided January 22, 1988No. Bankruptcy No. 1-86-02500, Adv. No. 1-87-0002PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
Acting as a hypothetical lien creditor under 11 U.S.C.A. § 544(a)(1) (West Supp. 1987), the trustee seeks to avoid the lien of Belarus Machinery, Inc. (herein Belarus) on certain collateral securing a note of the debtor, Service Lawn & Power, Inc. 1 The trustee contends that the security interest of Belarus in the collateral is unperfected due to defects in financing statements filed by Belarus. Specifically, the trustee argues that the financing statements do not properly list the debtor’s name and are not signed by the debtor as required by Tenn.…
2Cases cited17 opinions
- In Re PlattDistrict Court, E.D. Pennsylvania · 1966
- 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
- In Re Cynthia K. McBee D/B/A Oak Hill Gun Shop, Debtor. National Bank of Texas v. West Texas Wholesale Supply Company v. Republicbank-Austin, Appellee-AppellantCourt of Appeals for the Fifth Circuit · 1983
- McMillin v. First National Bank & Trust Co.District Court, W.D. Oklahoma · 1975
- John K. Pearson, Trustee v. Salina Coffee House, Inc.Court of Appeals for the Tenth Circuit · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Newton v. First American National Bank (In Re Webb)United States Bankruptcy Court, E.D. Tennessee · 1989
- Wheels, Inc. v. Otasco, Inc. (In Re Otasco, Inc.)United States Bankruptcy Court, N.D. Oklahoma · 1990
- C & J Leasing Corp. v. Waldschmidt (In Re Goolsby)District Court, M.D. Tennessee · 2002
- Farmer v. Green Tree Servicing LLC (In Re Snelson)United States Bankruptcy Court, E.D. Tennessee · 2005
- Walker v. Tennessee State Bank (In Re Williams)United States Bankruptcy Court, E.D. Tennessee · 1990
1 more not listed; retrieve them via the Exa API.