751 F.

2d 88
40 UCC Rep.Serv. 305

In re ALITHOCHROME CORPORATION (a New York

Corporation), Debtor.
TRANS UNION LEASING CORPORATION, Appellant,
v.
ALITHOCHROME CORPORATION (a New York
Corporation), Appellee.
No. 489, Docket No. 84-5061.

United States Court of Appeals,

Second Circuit.
Argued Dec. 12, 1984.
Decided Dec. 14, 1984.

Richard A. Bertocci, Gilmartin, Poster & Shafto, New York City, for
appellant.
Alan Kolod, Stroock & Stroock & Lavan, New York City (Amy S. Klein,
New York City, of counsel), for appellee.
Before KAUFMAN, TIMBERS and ROSENN* , Circuit Judges.
PER CURIAM:

Trans Union Leasing Corporation ("Trans Union") brought this adversary

proceeding in the Bankruptcy Court for the Southern District of New York,
seeking to establish that it had perfected security interests in two printing
presses owned by Alithochrome Corporation ("Alithochrome"). Trans Union
had loaned Alithochrome the money with which it purchased the presses, and
in return had taken purchase money security interests in them. The presses were
installed at the plant of General Offset Printing Co., a wholly-owned subsidiary
of Alithochrome, located in Springfield, Massachusetts.

After a two-day bench trial, the bankruptcy court (Ryan, Judge ) held that
Alithochrome maintained a "place of business" in Springfield, Massachusetts as

that term is used in Mass.U.C.C. Sec. 9-401 (West 1982), see 31 B.R. 352
(Bankr.S.D.N.Y.1983). Accordingly, the court found that Trans Union's failure
to file a U.C.C. Form 1 financing statement in the office of the Clerk of the City
of Springfield rendered its security interests in the two presses unperfected. As
a result, the security interests were voidable by Alithochrome, as a debtor-inpossession, pursuant to the "strong arm clause" of the Bankruptcy Code, 11
U.S.C. Sec. 541 (1982).
3

The decision of the bankruptcy court was affirmed by the United States District
Court for the Southern District of New York (Stewart, Judge ) in a
memorandum decision and order entered on July 10, 1984, and Trans Union
timely filed a notice of appeal.

After a careful review of the record on appeal, we find Trans Union's claims of
error to be wholly without merit. We believe ample evidence was adduced in
the Bankruptcy Court to support a finding that Alithochrome maintained a
"place of business" at the plant of its subsidiary, General Offset. Accordingly,
we affirm the order of the district court, essentially for the reasons set forth in
its opinion, and in the thorough opinion of the bankruptcy court.

Affirmed.

The Honorable Max Rosenn, Senior Circuit Judge, United States Court of
Appeals for the Third Circuit, sitting by designation