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Meeks v. First Bank of South Arkansas (In Re Tracy's Flowers & Gifts, Inc.)

United States Bankruptcy Court, E.D. Arkansas

Decided June 12, 2001No. Bankruptcy No. 00-11308. Adversary No. 00-1518PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES G. MIXON, Chief Judge.

This adversary proceeding is before the Court upon the complaint of William S. Meeks, the Trustee in this case, to determine the priority, validity, and extent of a lien held by First Bank of South Arkansas (“Bank”) in the property of Tracy’s Flowers and Gifts, Inc. (“Debtor”). The Trustee alleges that the Bank’s lien in the prop erty is unperfected, and, therefore, may be avoided by the Trustee. The issue is whether the Bank has a valid security interest in the property even though the relevant documents do not expressly grant a security interest.

2Cases cited29 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
  3. In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
  4. In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
  5. In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974

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3Cited by7 opinions

  1. In Re Commercial Loan Corp.United States Bankruptcy Court, N.D. Illinois · 2004
  2. In Re StevensUnited States Bankruptcy Court, E.D. Arkansas · 2004
  3. Dickason v. Marine National Bank of Naples, N.A.District Court of Appeal of Florida · 2005
  4. River Valley Bank of Russellville v. Ace Sports Management, LLC (In Re Ace Sports Management, LLC)United States Bankruptcy Court, E.D. Arkansas · 2001
  5. Wetzell v. Equipment Dealers Credit Co. (In Re Davis)United States Bankruptcy Court, W.D. Arkansas · 2002

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