(6th Cir. B.A.P. Mar. 3, 2016)

(Bankr. W.D. Ky. Sep. 16, 2016)

(Bankr. W.D. Ky. Apr. 26, 2016)

(6th Cir. B.A.P. Mar. 3, 2016)

(W.D. Ky. Aug. 15, 2016)

(Bankr. W.D. Ky. Apr. 22, 2016)

(Bankr. S.D. Ind. Feb. 24, 2016)

(Bankr. S.D. Ind. Dec. 4, 2017)

The bankruptcy court grants the motion to dismiss, finding the defendant’s security interest in the debtor’s assets, including its inventory, has priority over the plaintiff’s reclamation rights. The plaintiff sold goods to the debtor up to the petition date and sought either return of the goods delivered within the reclamation period or recovery of the proceeds from the sale of such goods. Pursuant to 11 U.S.C. § 546(c), the Court finds the reclamation rights are subordinate and the complaint should be dismissed. Opinion below.

(Bankr. W.D. Ky. Aug. 2, 2016)

(Bankr. E.D. Ky. Apr. 15, 2016)

The bankruptcy court dismisses the plaintiff’s complaint because it failed to state a claim. The complaint was based on a factual assertion that the plaintiff’s predecessor had an interest in certain bank account funds. However, the prior 11 U.S.C. § 363 sale order and confirmation order adjudicated otherwise. Thus, the claims were barred by the doctrine of res judicata. Opinion below.

Judge: Wise

Attorneys for Plaintiff: Philip G. Fairbanks, M. Austin Mehr, John M. Simms