In re Exclusive Industries Corp.

5 Citing cases

  1. In re Ramba, Inc.

    416 F.3d 394 (5th Cir. 2005)   Cited 84 times
    Finding that new value must fit within one of the following categories: money, goods, services, new credit, or the release of property

    A prerequisite to Baker Hughes's argument is a showing that, as of the date of Ramba's transfer, Baker Hughes actually held a statutory lien on Ramba's property. Under Louisiana law, the burden of establishing a statutory lien falls to the original vendor โ€” that is, to Baker Hughes. See In re Exclusive Industries Corp., 41 B.R. 493, 496-97 (Bankr.W.D.La. 1984). The provisions governing liens on movable goods โ€” such as the drilling mud Baker Hughes sold to Ramba โ€” are found in articles 3227 and 3228 of the Louisiana Civil Code. Article 3227 provides:

  2. In re Walter

    45 F.3d 1023 (6th Cir. 1995)   Cited 51 times
    Holding that debtor in possession may not avoid perfected tax liens under I.R.C. ยง 6323(b)

    See In re Loretto Winery Ltd., 898 F.2d at 721; In re Tape City, 677 F.2d at 403-04; In re Stegeman, No. 84-01979-414, 1991 WL 541134, at [*]4 (Bankr.E.D.Wash. Jan. 25, 1991); see also In re Williams, 109 B.R. 179, 181 (Bankr.W.D.N.C. 1989); In re Bates, 81 B.R. 63, 64 (Bankr.D.Or. 1987); In re Misco Supply Co., 43 B.R. 651, 653 (Bankr.D.Kan. 1984); In re Exclusive Industries Corp., 41 B.R. 493, 496 (Bankr.W.D.La. 1984). Another group of cases, however, holds to the contrary.

  3. In re Exclusive Industries Corp.

    751 F.2d 806 (5th Cir. 1985)   Cited 20 times

    The court filed an opinion on May 15, 1984. 41 B.R. 493. A judgment was not signed, however, until July 11, 1984. The First National Bank of Lafayette filed a notice of appeal to this court on July 26, 1984.

  4. In re Misco Supply Co.

    43 B.R. 651 (Bankr. D. Kan. 1984)   Cited 3 times

    Matter of Tape City, 677 F.2d 401 (5th Cir. 1982). In re Exclusive Industries Corp., 41 B.R. 493, 497 (Bankr.W.D.La. 1984). In accordance with that decisional law, it is here determined that Stupp holds a vendor's privilege that is valid as against the trustee and is entitled to recover the subject impounded moneys.

  5. Byrnside Drilling v. Armour

    865 So. 2d 310 (La. Ct. App. 2004)

    If that identity is lost by uniting or commingling the movable with another movable, the lien is automatically destroyed. See In re Exclusive Industries Corporation, 41 B.R. 493 (Bankr. W.D. La. 1984), citing Phillips v. Conley, 46 So.2d 650 (La.App. 2d Cir. 1950) ("For the preservation of the lien and privilege, it must be possible for one, so to speak, to be able to put his hands on the specific object that was sold, and have the ability to separate it unimpaired from other objects or things with which it may be associated or to which it may be attached.") We conclude, therefore, that the chattel mortgage in the present case cannot be enforced against the property sold.