Facts
D granted to National a security interest in all of D's existing and future accounts receivable and the proceeds thereof. National perfected this interest by filing financing statements. Four years later, D was also being financed by Worthen (P). D got a letter of renewal on those lines of credit with P and P took a second lien position on accounts receivable. D granted a security interest in the same accounts that National had such an interest in. P perfected that filing before July 8th. Within a month of this second assignment, National filed an additional statement, which would have perfected National's interest in the accounts. However, National had missed the statutory deadline and not file a continuation statement, and during this gap in filing from April 25th to July 8th, National's interest was unperfected, and P then acquired its own interest. D then filed for bankruptcy. The petition filed indicated that debts to National and P exceeded D's accounts receivables. P filed a motion before the bankruptcy court and the court determined that P’s interest had first priority. That was affirmed on appeal.
Nature Of The Case
This section contains the nature of the case and procedural background.
Issues
The legal issues presented in this case will be displayed here.
Holding & Decision
The court's holding and decision will be displayed here.
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
© 2007-2025 ABN Study Partner