Legal Opinion

In the Matter of Glasco, Inc., D/B/A Elite Boat Company, Bankrupt. Earl T. Brushwood, Trustee v. Citizens Bank of Perry, a Banking Corporation

Court of Appeals for the Fifth Circuit

Decided April 15, 1981No. 80-5054PublishedCited by 64 opinions

1Opinion of the Court

RONEY, Circuit Judge:

The sole issue on appeal is whether a financing statement, filed with the Florida Secretary of State by a creditor, perfected a security interest in certain property of the bankrupt debtor. The bankruptcy court *795held the financing statement to be inadequate because it listed the debtor by the name in which it did business rather than its legal corporate name. The district court affirmed. Holding the debtor’s name used in the financing statement was not seriously misleading, we reverse.

The facts are not disputed. Prior to its bankruptcy, the debtor engaged in the…

2Cases cited10 opinions

  1. In the Matter of Rex L. Hammons, Bankrupts. Borg-Warner Acceptance Corporation v. Fedders Financial CorporationCourt of Appeals for the Fifth Circuit · 1980
  2. In Re PlattDistrict Court, E.D. Pennsylvania · 1966
  3. In the Matter of Excel Stores, Inc. And Excel Enterprises, Inc., Bankrupts, National Cash Register CompanyCourt of Appeals for the Second Circuit · 1965
  4. McMillin v. First National Bank & Trust Co.District Court, W.D. Oklahoma · 1975
  5. Leichter v. FriedmanCourt of Appeals for the Second Circuit · 1972

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3Cited by64 opinions

  1. In Re Cynthia K. McBee D/B/A Oak Hill Gun Shop, Debtor. National Bank of Texas v. West Texas Wholesale Supply Company v. Republicbank-Austin, Appellee-AppellantCourt of Appeals for the Fifth Circuit · 1983
  2. John K. Pearson, Trustee v. Salina Coffee House, Inc.Court of Appeals for the Tenth Circuit · 1987
  3. In the Matter of Bufkin Brothers, Inc., Bankrupt. Multi-Mart Branch Office, First State Bank v. Appliance Buyers Credit CorporationCourt of Appeals for the First Circuit · 1985
  4. I.A. Durbin, Inc. v. Jefferson National Bank (In Re I.A. Durbin, Inc.)United States Bankruptcy Court, S.D. Florida. · 1985
  5. Itt Commercial Finance Corporation v. Bank of the WestCourt of Appeals for the Fifth Circuit · 1999

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