AMERITRUST NAT. BANK, MICHIANA v. DOMORE CORP.

No. S91-647M.

147 B.R. 473 (1992)

AMERITRUST NATIONAL BANK, MICHIANA, Plaintiff, v. The DOMORE CORPORATION, et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

October 6, 1992.


Attorney(s) appearing for the Case

Geoffrey K. Church, J. Scott Troeger, Jacqueline Sells Homann, Barnes & Thornburg, Elkhart, Ind., for plaintiff.

David T. Stutsman, Douglas A. Mulvaney, Stutsman & Mulvaney, Elkhart, Ind., Jeffrey Johnson, May, Oberfell & Lorber, South Bend, Ind., for Kenneth L. Wheeler, Vicki L. Wheeler, Roy W. Fink, Susan A. Garman, Melba Leer, Nancy Wiggins, Michael L. Buck, Sr., Edgar W. McComb.

Michael F. Deboni, Alan L. Weldy, Yoder, Ainlay, Ulmer & Buckingham, Goshen, Ind., for Treasurer of Elkhart County, Ind.

Lee F. Mellinger, Mellinger & Bowers, Elkhart, Ind., for Murry Rothenberg.

James R. Brotherson, Chester, Pfaff & Brotherson, Elkhart, Ind., for Domore Corp.

Fred Haines, Allen, Fedder, Herendeen & Kowals, South Bend, Ind., for Air Tech, Inc.


MEMORANDUM AND ORDER

MILLER, District Judge.

This bankruptcy appeal asks which of the following has priority under Indiana law over personal property held by the debtor in this bankruptcy action: (i) a perfected security interest in personal property obtained by central filing in accordance with the Indiana Uniform Commercial Code ("UCC"), or (ii) employee lien claims under IND.CODE 32-8-24-1 to -6 filed with a county recorder's office. The bankruptcy court...

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