Lavonia Manufacturing Co. v. Emery Corp. (In Re Emery Corp.)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The basis of the dispute at bench is whether a seller’s right of reclamation un der § 2702 1 of the Uniform Commercial Code (“the UCC”) of Pennsylvania is precluded by the existence of a creditor holding a security interest in the debtor’s after-acquired property. For the reasons stated herein we find that the seller may reclaim the goods.
The facts of this case are as follows: 2 Lavonia Manufacturing Company (“Lavo-nia”) executed security agreements with several creditors which agreements were duly perfected prior to February 24, 1983. At all times…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
- Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
- Guy Martin Buick, Inc. v. Colorado Springs National BankSupreme Court of Colorado · 1974
- In re KravitzCourt of Appeals for the Third Circuit · 1960
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3Cited by5 opinions
- In Re Furniture Distributors, Inc.United States Bankruptcy Court, D. Massachusetts · 1984
- Lavonia Manufacturing Co. v. Emery Corp.District Court, E.D. Pennsylvania · 1985
- In Re Sunshine Books, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1984
- Genesee Merchants Bank & Trust Co. v. Tucker Motor SalesMichigan Court of Appeals · 1985
- Genesee Merchants Bank & Trust Co. v. Tucker Motor SalesMichigan Court of Appeals · 1985