Legal Opinion

Supplies & Services, Inc. v. NACCO Industries, Inc. (In re Supplies & Services, Inc.)

Bankruptcy Appellate Panel of the First Circuit

Decided November 23, 2011No. BAP Nos. PR 10-085, PR 11-011; Bankruptcy No. 10-07157-BKT; Adversary No. 10-00162-BKTPublishedCited by 1 opinion

1Per curiam

Supplies & Services, Inc. is the “Debtor” in a chapter 11 case in the District of Puerto Rico. NACCO Materials Handling Group, Inc., doing business as Yale Materials Handling Corporation (“NMHG”),1 is a creditor in that case and asserts a first perfected security interest in the Debtor’s inventory and related assets. The Debtor brought an adversary proceeding seeking a declaration that the security agreement is ineffective under North Carolina law and that NMHG’s security interest is void under 11 U.S.C. § 544. In that action, the *702bankruptcy court denied NMHG’s motion for summary judgment and…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Borges Ex Rel. SMBW v. Serrano-IsernCourt of Appeals for the First Circuit · 2010
  4. Ackra Direct Marketing Corp. And Michael Ackerman, Individually v. Fingerhut Corp.Court of Appeals for the Eighth Circuit · 1996
  5. Johnson v. Dayton Electric Manufacturing Co.Court of Appeals for the Eighth Circuit · 1998

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3Cited by1 opinion

  1. International Home Products, Inc. v. First Bank of Puerto Rico, Inc.United States Bankruptcy Court, D. Puerto Rico · 2013

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