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In re John’s Bean Farm of Homestead, Inc.
United States Bankruptcy Court for the Southern District of Florida
378 B.R. 385 (2007)
Klein, a creditor of John’s Bean Farm of Homestead Inc. (John’s) (defendant), filed a financing statement under the name “John Bean Farms, Inc.,” rather than the entity’s legal name of “John’s Bean Farm of Homestead, Inc.” Subsequently, John’s entered bankruptcy. The bankruptcy trustee performed a search of the Florida Secured Transaction Registry using John’s actual name. Klein’s financing statement did not come up on the initial search page and could only be found by hitting the “previous” search results button sixty times. The trustee thus argued that Klein’s previous security interest was unperfected.
Rule of Law
Holding and Reasoning (Isicoff, J.)
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