Legal Opinion

Lavonia Manufacturing Co. v. Emery Corp. (In Re Emery Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 19, 1984No. 14-11908PublishedCited by 5 opinions

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

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
  3. Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
  4. Guy Martin Buick, Inc. v. Colorado Springs National BankSupreme Court of Colorado · 1974
  5. In re KravitzCourt of Appeals for the Third Circuit · 1960

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Furniture Distributors, Inc.United States Bankruptcy Court, D. Massachusetts · 1984
  2. Lavonia Manufacturing Co. v. Emery Corp.District Court, E.D. Pennsylvania · 1985
  3. In Re Sunshine Books, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. Genesee Merchants Bank & Trust Co. v. Tucker Motor SalesMichigan Court of Appeals · 1985
  5. Genesee Merchants Bank & Trust Co. v. Tucker Motor SalesMichigan Court of Appeals · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API