Legal Opinion
In Re Holiday Interval, Inc.
United States Bankruptcy Court, W.D. Missouri
Decided December 21, 1988No. 19-20259PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
FRANK W. ROGER, Bankruptcy Judge.
FACTS
Mercantile Bank, National Association (Mercantile), has made a motion for relief from the stay on certain writings pledged by Holiday Intervals, Inc., the Debtor, as collateral for a loan. The threshold issue addressed in this opinion is whether such writings are instruments, and thus perfected by possession, or whether such writings are contract rights, properly perfected by filing. Mercantile has had possession of the writings at all' times relevant herein, however, Mercantile acknowledges that it has made no filing with the Secretary…
2Cases cited20 opinions
- First National Bank in Grand Prairie v. Lone Star Life Insurance Co.Court of Appeals of Texas · 1975
- Walton v. Piqua State BankSupreme Court of Kansas · 1970
- Freeborn v. Seattle Trust & Savings BankWashington Supreme Court · 1980
- Castle Rock Industrial Bank v. S.O.A.W. Enterprises, Inc. (In Re S.O.A.W. Enterprises, Inc.)United States Bankruptcy Court, W.D. Texas · 1983
- Centerre Bank of Branson v. CampbellMissouri Court of Appeals · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Holiday Intervals, Inc.Court of Appeals for the Eighth Circuit · 1991
- Capitran Inc. v. Great Western BankColorado Court of Appeals · 1994
- Mercantile Bank National Ass'n v. BrownCourt of Appeals for the Eighth Circuit · 1991