Legal Opinion

In re Stanley's Asphalt Paving, Inc.

United States Bankruptcy Court, D. Delaware

Decided October 13, 2006No. 03-13610 (MFW)Published

1Opinion of the Court

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Trustee’s Second Omnibus Objection to Claims asserting *64that the secured claim filed by Charles and Frances Barker (“the Barkers”) must be reclassified as a general unsecured claim. The Barkers oppose the Objection and assert they had a valid perfected security interest in the Debtor’s truck by virtue of a judgment and sheriffs levy on the vehicle. For the reasons stated below, the Court will deny the Objection in part and will allow the Barkers’ claim as a secured claim to the extent of the value of the truck.

I.…

2Cases cited6 opinions

  1. Flemming v. ThompsonSupreme Court of Delaware · 1975
  2. Straffi v. Anheuser Busch, Inc. (In Re Downey)United States Bankruptcy Court, D. New Jersey · 2001
  3. Associates Commercial Corp. v. Trim-Lean Meat Products, Inc. (In Re Trim-Lean Meat Products, Inc.)United States Bankruptcy Court, D. Delaware · 1980
  4. Cochran v. ClementsSuperior Court of Delaware · 1936
  5. In Re CollinsUnited States Bankruptcy Court, W.D. Missouri · 1999

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