Legal Opinion

In Re Arctic Air, Inc.

United States Bankruptcy Court, D. Rhode Island

Decided October 16, 1996No. Bankruptcy 95-12405PublishedCited by 3 opinions

1Opinion of the Court

ORDER SUSTAINING TRUSTEE’S OBJECTION TO SECURED CLAIM

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on August 28, 1996, on the Chapter 7 Trustee’s Objection to the secured claim of Energy Control Systems, Inc. The Trustee’s objection to Energy Control’s status as a secured creditor is based on the fact that the parties never signed a security agreement. The only writings between the Debtor and Energy Control Systems are: (1) a UCC-1 Financing Statement, with a list of collateral attached; and (2) invoices from Energy Control Systems to the Debtor for goods sold and delivered. At the conclusion of…

2Cases cited14 opinions

  1. In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond ErwinCourt of Appeals for the Eighth Circuit · 1973
  2. Mitchell v. Shepherd Mall State BankCourt of Appeals for the Tenth Circuit · 1972
  3. American Card Co. v. H. M. H. Co.Supreme Court of Rhode Island · 1963
  4. Pontchartrain State Bank, a Louisiana State Bank v. Ed Poulson, Individually and Poulson Dozer & Blade, Inc., an Oklahoma CorporationCourt of Appeals for the Tenth Circuit · 1982
  5. Casco Bank & Trust Co. v. CloutierSupreme Judicial Court of Maine · 1979

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3Cited by3 opinions

  1. In Re Esteves OrtizBankruptcy Appellate Panel of the First Circuit · 2003
  2. In Re Esteves OrtizUnited States Bankruptcy Court, D. Puerto Rico · 2002
  3. Berrios v. OrtizBankruptcy Appellate Panel of the First Circuit · 2003

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