Reference no: EM131660267

Question: Financing Statement. In 1994, SouthTrust Bank, N.A., loaned money to Environmental Aspecs, Inc. (EAI), and its subsidiary, EAI of NC. SouthTrust perfected its security interest by filing financing statements that listed only EAI as the debtor, described only EAI's assets as collateral, and were signed only on EAI's behalf. SouthTrust believed that both companies were operating as a single business represented by EAI. In 1996, EAI of NC borrowed almost $300,000 from Advanced Analytics Laboratories, Inc. (AAL). AAL filed financing statements that listed the assets of EAI of NC as collateral but identified the debtor as EAI. The statements referred, however, to attached copies of the security agreements, which were signed by the president of EAI of NC and identified the debtor as EAI of NC. One year later, EAI and EAI of NC renegotiated their loan with SouthTrust, and the bank filed financing statements listing both companies as debtors. In 1998, EAI and EAI of NC filed for bankruptcy. One of the issues was the priority of the security interests of SouthTrust and AAL. AAL contended that its failure to identify EAI of NC as the debtor on its financing statements did not give SouthTrust priority. Is AAL correct? Why or why not? [In re Environmental Aspecs, Inc., 235 Bankr. 378 (E.D.N.C., Raleigh Div. 1999)]