DELPHI v. CAPITAL COMMUNITY

No. 2012-SC-000249-DG.

434 S.W.3d 481 (2014)

DELPHI AUTOMOTIVE SYSTEMS, LLC, Appellant v. CAPITAL COMMUNITY ECONOMIC/INDUSTRIAL DEVELOPMENT CORPORATION, INC., Appellee.

Supreme Court of Kentucky.

June 19, 2014.


Attorney(s) appearing for the Case

Virginia Hamilton Snell , Daniel Ernest Hitchcock , Counsel for Appellant.

Robert W. Kellerman , Sarah Jackson Bishop , Counsel for Appellee.


Opinion of the Court by Justice ABRAMSON.

In August 2008, Certified Tool and Manufacturing Corporation announced it was going out of business, precipitating a default on a promissory note and security agreement which the company had with Appellant Delphi Automotive Systems, LLC. A few months later, Delphi filed a declaratory judgment action in which it asserted that its perfected security interest in Certified Tool's equipment, including specifically a Komatsu press...

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