W.C. Fore Trucking Co. v. Biloxi Prestress Concrete, Inc.

This case presents the question whether an unsecured debt, assigned for purposes of collection only to an assignee holding a secured debt arising from the same transaction, may, by virtue of that assignment, become a secured debt of such assignee. After reviewing the record, studying the briefs and considering the arguments presented to this court, we have concluded that the district court correctly affirmed the bankruptcy court’s conclusion that the unsecured debt remained unsecured following the assignment.

The bankruptcy court issued a thorough and well-reasoned opinion that sets out the…