Legal Opinion

In Re Appeal of U.I.P. Engineered Products Corp.

District Court, N.D. Illinois

Decided September 27, 1984No. 84 C 4973, Bankruptcy Nos. 83 B 12245, 83 B 12246PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This bankruptcy appeal raises no issues of bankruptcy law, but instead asks the Court to decide whether a title-retention contract-created a “security interest” under the Uniform Commercial Code (“UCC”). For the reasons stated below, we affirm the decision of the Bankruptcy Court, which held that a security interest was created.

I

The material facts are undisputed. The Appellee (“CTR”) was a sublessee of the Appellant (“UIP”) of a building owned by the LaSalle National Bank. Under the sublease, CTR had the right to use several cranes then owned…

2Cases cited8 opinions

  1. 10 Collier bankr.cas.2d 1137, Bankr. L. Rep. P 69,875 in the Matter of Evanston Motor Co., Inc., Debtor. First National Bank of Lincolnwood v. Maurice Levine, Trustee and Attorney for TrusteeCourt of Appeals for the First Circuit · 1984
  2. In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Stephen G. Glatzer, Stephen G. Glatzer, Third-Party v. George Horvath, Rocco Scappatura, Jack Polish, Langer and Polish, Dana Jerry Horvath, Spencer Kellogg Ii, Cecil Citron, Sherman and Citron, Elliot Lubarsky, Ralph Barber, Roslyn Tabot, Montmartre Inc., Crafts Spun Yarn Inc., Mt. Clemens Corp., Balder Enterprises, Djh Corporation, Montmartco, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1981
  3. Elliott v. StateCourt of Appeals of Georgia · 1979
  4. Harney v. SpellmanAppellate Court of Illinois · 1969
  5. State v. Delta Air Lines, Inc.Court of Civil Appeals of Alabama · 1978

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3Cited by10 opinions

  1. In Re Kaplan Breslaw Ash, LLCUnited States Bankruptcy Court, S.D. New York · 2001
  2. In Re Poughkeepsie Hotel Associates Joint VentureUnited States Bankruptcy Court, S.D. New York · 1991
  3. Liebowitz v. Columbia Packing Co.District Court, D. Massachusetts · 1985
  4. G & B Aircraft Management v. Smoot (In Re Utah Aircraft Alliance)Bankruptcy Appellate Panel of the Tenth Circuit · 2006
  5. Tilghman Hardware, Inc. v. LarrimoreCourt of Appeals of Maryland · 1993

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