IN RE ROTHBERG

Bankruptcy No. 89-1040, Adv. Proc. No. 90-0120.

127 B.R. 294 (1991)

In re Herbert ROTHBERG, Debtor. Marvin and Pauline SACKS, Plaintiffs, v. Herbert ROTHBERG, et al., Defendants.

United States Bankruptcy Court, District of Columbia.

May 30, 1991.


Attorney(s) appearing for the Case

Joseph A. Artabane, Washington, D.C., for plaintiffs.

Marc E. Albert, Howard G. Slavit, Ronald C. Jessamy, Ronald J. Marshall, James Bruce Davis, Washington, D.C., for defendants.


DECISION ON MOTIONS FOR SUMMARY JUDGMENT

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The plaintiff Pauline Sacks seeks a declaration that she has an equitable lien against the debtor's interest in a limited partnership and that the equitable lien takes priority over any perfected security interests of the defendants. I hold that she has no equitable lien but only a consensual lien constituting an unperfected security interest junior to perfected security interests...

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