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Secured Transactions Keyed to Lopucki
In re EDM Corporation
Citation:
431 B.R. 459 (8th Cir. B.A.P. 2010)Facts
Debtor EDM Corporation sold and leased emergency vehicles. It was incorporated in 1991, and its official name of record at the Nebraska Secretary of State’s office in “EDM Corporation.” The debtor routinely did business as “EDM Equipment,” although it had no registered trade names. Over the years, Hastings State Bank made several loans to EDM, in excess of $4.5 million. Hastings filed a financing statement. Its financing statement identified the debtor as “EDM Corporation D/B/A EDM Equipment.” Neither TierOne Bank nor Huntington National Bank in the way EDM’s name appears as the debtor on the financing statement, Hastings would be first in priority because its lien was created, and its financing statement was filed, first.
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