- 11 U.S.C.
Algonquin Power Income Fund v. Christine Falls of N.Y. Inc.
Oct
25
2011
Ruling
Claim against proceeds of engineering malpractice judgment based on security interest predating the judgment properly disallowed.
Procedural posture
Chapter 11 debtors filed an adversary proceeding in the bankruptcy court seeking a declaration that creditors did not have a security interest in an escrow. The bankruptcy court granted summary judgment for the debtors, and the district court affirmed. The United States Court of Appeals for the Second Circuit vacated and remanded.
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Court
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