Rushton v. Standard Indus. (In re C.W. Mining Co.)
Aug
24
2009
Ruling
Security interests avoided due to improper organization name of debtor.
Procedural posture
Plaintiff, the trustee in this chapter 7 bankruptcy case, filed a motion for partial summary judgment that sought a determination of which party owned the proceeds of an account receivable owed by third-party plaintiff, a coal buyer, and avoidance of transfers of security interests evidenced by various financing statements and real estate filings held by defendant lenders.
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Court
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