From our private database of 35,600+ case briefs...
In re Fink
United States Bankruptcy Court for the Western District of New York
4 B.R. 741 (1980)
Pauline Fink (debtor) purchased a mobile home from a mobile-home dealer and granted the dealer a security interest in the mobile home. The dealer transferred the security interest to Endicott Trust Company of New York (Endicott) (creditor), which filed a financing statement describing the mobile home. Soon after purchasing the mobile home, Fink purchased the real property that the mobile home was to sit on from Wemco Corporation (creditor). Wemco was given a purchase-money security interest in the real property. The mobile home was placed on a concrete foundation on the real property. Shingles and roofing were installed on the mobile home, and the various sections of the home were bolted together. A septic system was installed, and water lines and electricity were connected. Essentially, the mobile home was constructed on the real property in a similar fashion to traditional homes. Fink later filed for bankruptcy. Endicott filed a claim related to its security interest in the mobile home. The bankruptcy trustee moved to avoid Endicott’s claim, arguing that Endicott did not have a perfected security interest in the mobile home. Although Endicott had filed a financing statement to perfect its security interest, the trustee asserted that Endicott improperly had followed the requirements to perfect a security interest in personalty, rather than a fixture. To perfect a security interest in a fixture, a party was required to file a financing statement in the office where the mortgage on the real property was filed. The financing statement also had to contain a description of the relevant real property. Endicott opposed the trustee’s motion, arguing that the mobile home was personalty rather than a fixture.
Rule of Law
Holding and Reasoning (Hayes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.