· 1/13/1988
Multibank National of Western Massachusetts, N.A. v. State Street Auto Sales, Inc. (In Re State Street Auto Sales, Inc.)
Citations
- 81 B.R. 215
- 5 U.C.C. Rep. Serv. 2d (West) 1342
- 1988 Bankr. LEXIS 34
- 1988 WL 1938
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that consignor must establish the majority of creditors in number, not amount of claims
- finding that even if general knowledge prong met, consignor still has to prove the substantially engaged prong to prevail
- determining that a secured creditor was not equitably estopped from asserting its interest in consigned goods based on its actual knowledge of the debtor's consignment arrangements
- goods held on consignment comprising only about 20% of total inventory deemed insufficient to consider debtor as being substantially engaged in selling the goods of others
- consignor must establish number of creditors in number not amount of claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Queenan
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