Legal Opinion

Ragsdale v. Credithrift of America, Inc. (In Re Derritt)

United States Bankruptcy Court, N.D. Georgia

Decided May 31, 1982No. 17-66391PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

A. D. KAHN, Bankruptcy Judge.

The above-styled cases are consolidated for purposes of this opinion because they involve a common issue: whether the Trustee has stated a cause of action where he seeks to recover as preferential, installment loan payments made by a consumer-debtor to a creditor, on a consumer debt that is secured by property of the consumer-debt- or, and made in the ordinary course of the consumer’s affairs pursuant to the loan agreement, but during the ninety (90) days before the consumer filed for relief under the Bankruptcy Code (the “preference period”),…

2Cases cited5 opinions

  1. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  2. Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
  3. High Co. v. ArringtonCourt of Appeals of Georgia · 1932
  4. George B. Azar, as Trustee in Bankruptcy of the Estate of W. T. Gibson, Bankrupt v. H. H. MorganCourt of Appeals for the Fifth Circuit · 1962
  5. Matter of CampUnited States Bankruptcy Court, N.D. Georgia · 1981

3Cited by6 opinions

  1. Braunstein v. Eastern Airlines Employees Federal Credit Union (In Re Fitzgerald)United States Bankruptcy Court, D. Massachusetts · 1985
  2. Dennis v. W.S. Badcock Corp. (In Re Dennis)United States Bankruptcy Court, M.D. Georgia · 1983
  3. Gosch v. Burns (In Re Finn)United States Bankruptcy Court, E.D. Michigan · 1988
  4. Flynn v. MidAmerican Bank & Trust Co. (In Re Joe Flynn Rare Coins, Inc.)United States Bankruptcy Court, D. Kansas · 1988
  5. Seidle v. GATX Leasing Corp.District Court, S.D. Florida · 1984

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