UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF KENTUCKY

COVINGTON

IN RE:

MIDWEST COMMUNICATIONS CORPORATION CASE NO. 91-21031

DEBTOR CHAPTER 11

MEMORANDUM OPINION

This matter has been submitted to the Court upon the Objection of the Debtor and Debtor in Possession to secured claim #1224 filed herein on May 8, 1992. The claimant, Fifth Third Bank, has responded by Response of Fifth Third Bank to Objection of Debtor to Secured Claim #1224 Filed Herein on May 29, 1992, and a hearing was conducted on the matter. The essence of the Objection by the Debtor in Possession is that the claim was not properly perfected pursuant to Kentucky Revised Statute 355.9-401(c) and (f). Those statutes would appear to require filing of financing statements in the Office of the County Clerk in the county where the resident agent resides when the corporation is a foreign corporation authorized to do business in Kentucky. However, the claimant points out that the version of KRS 355.9-401 in effect on April 10, 1987, the date on which the financing statement was filed in the Office of the Kenton County Clerk, provided for filing in the Office of the County Clerk in the county where the non-resident has a principal place of business. The record reflects that Kenton County was the principal place of business of the Debtor at that time.

Further, KRS 355.9-401(3) provided at that time and still provides that a filing made in the proper place in this state continues effective even though the Debtor's residence or place of business or the location of the collateral changes.

It appears to the Court that the filing was proper at the time made and continues to be a proper filing pursuant to the above recited statutes and that the Objection to the claim of Fifth Third Bank as secured should be OVERRULED. A separate Order will be entered herein.

Dated this _______ day of October, 1992.

BY THE COURT

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BANKRUPTCY JUDGE

COPIES TO:

Robert G. Sanker, Esq.

Margaret W. Burgin, Esq.

Jane Connell Young, Esq.

Scott J. Davido, Esq.