MATTER OF D.J. MALTESE, INC.

Bankruptcy No. Adv. No. 84-0395-B.

42 B.R. 589 (1984)

In the Matter of: D.J. MALTESE, INC., Debtor. Paul BOROCK, Trustee, Plaintiff, v. NBD DEARBORN BANK, N.A., a national banking association, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

September 20, 1984.


Attorney(s) appearing for the Case

Dougherty & Schneider by Kenneth M. Schneider, Detroit, Mich., for plaintiff.

National Bank of Detroit Law Department by David J. Vigna, Detroit, Mich., for defendant.


OPINION

GEORGE BRODY, Bankruptcy Judge.

The question presented is whether a contract for the sale of realty is personal property within the meaning of Article 9 of the Uniform Commercial Code.

The parties have stipulated to the following facts:

1. The D.J. Maltese Company, Inc. (debtor) is engaged in the business of building and remodeling commercial and residential properties. Prior to bankruptcy, the debtor financed these operations through...

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