Kapila v. Clark Ex Rel. Matthew Wortley Trust (In Re Trafford Distributing Center, Inc.)
United States Bankruptcy Court, S.D. Florida.
1Opinion of the Court
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT [DE 121]
JOHN K. OLSON, Bankruptcy Judge.
IN THIS ADVERSARY PROCEEDING brought by the chapter 7 trustee (the “Trustee” or “Plaintiff’), the Plaintiff seeks a determination on his motion for partial summary judgment (the “Motion”) [DE 121] that the Trustee’s rights in collateral are superior to those of Defendants. As Defendants’ Lien is unperfected, I will grant the Motion, concluding that the Trustee holds superior right, title, lien and interest in any property of the estate, including, but not limited to, a receivable allegedly…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
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3Cited by3 opinions
- In Re Wvf Acquisition, LLCUnited States Bankruptcy Court, S.D. Florida. · 2009
- Baruth v. Stellar Recovery, Inc.District Court, D. Colorado · 2019
- Christopher Scott SehmanUnited States Bankruptcy Court, N.D. Florida · 2022