Legal Opinion
Stainer v. Wolfe (In re Carmack)
United States Bankruptcy Court, N.D. Oklahoma
Decided April 8, 1985No. Bankruptcy No. 82-00198; Adv. No. 82-0748PublishedCited by 1 opinion
1Opinion of the Court
ORDER
MICKEY DAN WILSON, Bankruptcy Judge.
This adversary proceeding was filed by Kenneth L. Stainer, trustee for the debtor estate and plaintiff herein, on December 6, 1982. Plaintiff objects to the claim of a security interest in debtors' tax refunds for 1981 filed by Stephen C. Wolfe, defendant. Plaintiff alleges that defendant does not have a perfected security interest in debtors’ tax refund because defendant does not have a valid security agreement signed by debtors. Plaintiff requests that defendant’s claim be allowed only as a general, unsecured claim in the amount as filed.
FACTS
On…
2Cases cited6 opinions
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- American Card Co. v. H. M. H. Co.Supreme Court of Rhode Island · 1963
- Pontchartrain State Bank, a Louisiana State Bank v. Ed Poulson, Individually and Poulson Dozer & Blade, Inc., an Oklahoma CorporationCourt of Appeals for the Tenth Circuit · 1982
- Sterling National Bank & Trust Co. v. Bornstein (In Re Metric Metals International, Inc.)District Court, S.D. New York · 1981
- In Re Kendrick & King Lumber, Inc.United States Bankruptcy Court, W.D. Oklahoma · 1981
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3Cited by1 opinion
- Meeks v. First Bank of South Arkansas (In Re Tracy's Flowers & Gifts, Inc.)United States Bankruptcy Court, E.D. Arkansas · 2001