IN RE CACTUS ENERGY COMPANY

Bankruptcy No. Bk-81-2184, Adv. No. 84-0356.

45 B.R. 294 (1985)

In re CACTUS ENERGY COMPANY, Debtor. CANADIAN EXPLORATION CORP., Plaintiff, v. CACTUS ENERGY COMPANY, et al., Defendants.

United States Bankruptcy Court, W.D. Oklahoma.

January 3, 1985.


Attorney(s) appearing for the Case

J. Michael Nordin, McAfee & Taft, P.C., Oklahoma City, Okl., for plaintiff.

Monty L. Bratcher, Bratcher, Latting & Teague, P.C., Oklahoma City, Okl., for trustee.


DECISION

RICHARD L. BOHANON, Bankruptcy Judge.

In this adversary proceeding plaintiff seeks a judgment declaring that its claim is secured. The trustee defends on the grounds that the lien which plaintiff claims to hold was not perfected properly under state law; and that, therefore, he may avoid it under 11 U.S.C. § 544(a)(3).

The issues have been joined by a Motion for Summary Judgment based upon stipulated facts.

The facts are similar...

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