Legal Opinion

Quinn v. Montrose State Bank (In Re Intermountain Porta Storage, Inc.)

District Court, D. Colorado

Decided July 6, 1987No. Civ. A. No. 86-K-1636, Bankruptcy No. 86 B 5364 MPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This case highlights the difficulties which arise from the complex relationship between Article 9 of the Uniform Commercial Code, adopted in this jurisdiction by Colo.Rev.Stat. 4-9 (1973), and Title 11 of the United States Code. Indeed the proliferation of cases such as this, not to mention the wide matrix of conflicting judicial responses to them, begs the question in my mind whether the Uniform Commercial Code should any longer bear such a misleading appellation.

Montrose Bank made two loans to debtor totalling $53,000. These were secured by…

2Cases cited19 opinions

  1. Citizens National Bank v. Mid-States Development Co.Indiana Court of Appeals · 1978
  2. James R. Fitzpatrick, as Trustee of A. W. Sikking Co., Bankrupt v. Philco Finance Corp.Court of Appeals for the Seventh Circuit · 1974
  3. Universal CIT Credit Corp. v. Farmers Bank of PortagevilleDistrict Court, E.D. Missouri · 1973
  4. Brown & Williamson Tobacco Corp. v. First National Bank of Blue Island, a National Banking AssociationCourt of Appeals for the First Circuit · 1974
  5. Eckles v. Petco Inc., Interstate (In Re Balducci Oil Co.)United States Bankruptcy Court, D. Colorado · 1983

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3Cited by12 opinions

  1. Harley-Davidson Motor Co., Inc., and Itt Commercial Finance Corp. v. Bank of New England--Old Colony, N.A.Court of Appeals for the First Circuit · 1990
  2. United States of America, and Claremont Properties, Inc., Intervenor/plaintiff-Appellant v. Jannette E. DurhamCourt of Appeals for the Fifth Circuit · 1996
  3. Sacramento Mansion, Ltd. v. Sacramento Savings & Loan Ass'n (In Re Sacramento Mansion, Ltd.)United States Bankruptcy Court, D. Colorado · 1990
  4. Edwards Family Partnership v. JohnsonCourt of Appeals for the Fifth Circuit · 2022
  5. General Electric Co. Business Lighting Group v. Halmar Distributors, Inc. (In Re Halmar Distributors, Inc.)United States Bankruptcy Court, D. Massachusetts · 1999

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