In re Hilling Lumber Co.
Menter, Rudin & Trivelpiece, P.C. represented a leasing company in this case before the Bankruptcy Court for the Northern District of West Virginia. The leasing company leased a commercial building to the debtor. The leasing company obtained a deed of trust on the land to secure payment of the leasehold obligations. A lender to the debtor also held a deed of trust on the land. A trustee sold the property and decided the entitlement to the proceeds of sale. The court ruled in favor of the leasing company and held that it was entitled to all proceeds of sale of the building since the building was personal property owned by the leasing company. The leasing company’s attorney was Kevin M. Newman.
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