Central Engineering & Construction Associates, Inc. v. Holcim (US), Inc. (In re Central Engineering & Construction Associates, Inc.)

(Bankr. S.D. Ind. Mar. 16, 2015)

The bankruptcy court grants summary judgment in favor of the debtor, holding the creditor does not have a security interest in personal property of the debtor. Prepetition, the creditor obtained a judgment against the debtor and filed a financing statement with the Indiana Secretary of State claiming the creditor had a security interest in the debtor’s personal property by virtue of the judgment. The bankruptcy court concludes that under Indiana law, in order to create a lien on personal property, a judgment creditor must issue and levy on execution. The judgment itself did not give rise to a lien. Opinion below.

2015-03-16 – in re central engineering

Author: Matt Lindblom

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s