Legal Opinion
In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger Corporation
Court of Appeals for the Third Circuit
Decided February 8, 1980No. 79-1766PublishedCited by 106 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
This appeal from a district court review of an order in bankruptcy presents a question that has troubled courts since the enactment of Article Nine of the Uniform Commercial Code (U.C.C.) governing secured transactions. Can a creditor assert a secured claim against the debtor when no formal security agreement was ever signed, but where various documents executed in connection with a loan evince an intent to create a security interest? The district court answered this question in the affirmative and permitted the creditor, Zimmerman & Jansen, to assert…
2Cases cited7 opinions
- In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond ErwinCourt of Appeals for the Eighth Circuit · 1973
- American Card Co. v. H. M. H. Co.Supreme Court of Rhode Island · 1963
- In Re Penn Housing CorporationDistrict Court, W.D. Pennsylvania · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Caster v. United States (In Re Caster)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Pontchartrain State Bank, a Louisiana State Bank v. Ed Poulson, Individually and Poulson Dozer & Blade, Inc., an Oklahoma CorporationCourt of Appeals for the Tenth Circuit · 1982
- Coral Petroleum, Inc. v. Paribas (In Re Coral Petroleum, Inc.)United States Bankruptcy Court, S.D. Texas · 1985
- Baystate Drywall, Inc. v. Chicopee Savings BankMassachusetts Supreme Judicial Court · 1982
- Cervantes v. General Electric Mortgage Co. (In Re Cervantes)United States Bankruptcy Court, E.D. Pennsylvania · 1986
101 more not listed; retrieve them via the Exa API.