Legal Opinion

Rodriguez v. Drive Financial Services, L.P. (In Re Trout)

Court of Appeals for the Tenth Circuit

Decided June 23, 2010No. 09-1332, 09-1334PublishedCited by 21 opinions

1Opinion of the Court

HAWKINS, Senior Circuit Judge.

In these consolidated cases, the bankruptcy trustee (“Trustee”) appeals from a decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s determination that, having successfully avoided a preferential vehicle lien under 11 U.S.C. § 547, 1 the Trustee was not entitled to a money judgment equal to the value of the avoided liens under § 550(a). The bankruptcy court and the BAP held that the bankruptcy estate had been sufficiently returned to its pre-trans-fer status by avoiding the preferential lien and stepping into the lien priority of the…

2Cases cited18 opinions

In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
In Re Gerald Dale Burns and Linda Jane Burns, Debtors. Andrew W. Suhar v. Gerald Dale Burns and Linda Jane Burns, Imc Mortgage CompanyCourt of Appeals for the Sixth Circuit · 2003
USAA Federal Savings Bank v. Thacker (In Re Taylor)Court of Appeals for the Ninth Circuit · 2010
General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
Morris v. Kansas Drywall Supply Co. (In Re Classic Drywall, Inc.)District Court, D. Kansas · 1991

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

In re Sabine Oil & Gas Corp.United States Bankruptcy Court, S.D. New York · 2016
Jones v. Brand Law Firm, P.A. (In re Belmonte)Court of Appeals for the Second Circuit · 2019
Rushton v. Bank of Utah (In re C.W. Mining Co.)United States Bankruptcy Court, D. Utah · 2011
Agin v. PNC Mortgage (In re Spodris)United States Bankruptcy Court, D. Massachusetts · 2014
Parks v. Brooks (In Re Brooks)United States Bankruptcy Court, D. Kansas · 2011

16 more not listed; retrieve them via the Exa API.