Legal Opinion
Gugino v. Credit Acceptance Corp. (In re Conklin)
United States Bankruptcy Court, D. Idaho
Decided June 6, 2014No. Bankruptcy No. 13-01818-JDP; Adversary No. 13-06040-JDPPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JIM D. PAPPAS, Bankruptcy Judge.
Introduction
Benefitting from bright-line rules in Idaho’s statutes, trustees in this District have long enjoyed success in avoiding the security interests held by would-be secured creditors in motor vehicles. As this case demonstrates, due to changes in those statutes, trustees may now experience challenges in assailing those hens.
Plaintiff, chapter 71 trustee Jeremy Gugino (“Trustee”), commenced this adversary proceeding against creditor Defendant Credit Acceptance Corporation (“CAC”) seeking to avoid the hen it claimed on a 2006 Honda…
2Cases cited8 opinions
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in InterventionCourt of Appeals for the Ninth Circuit · 1986
- Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
- In Re Lco Enterprises, Debtor. Lincoln Alvarado Patrician Associates, Inc. Lpc Alvarado Phase II v. Edward M. Walsh, TrusteeCourt of Appeals for the Ninth Circuit · 1993
- Fitzgerald v. First Security Bank of Idaho, N.A. (In Re Walker)United States Bankruptcy Court, D. Idaho · 1993
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3Cited by2 opinions
- Gugino v. Rowley (In re Floyd)United States Bankruptcy Court, D. Idaho · 2015
- Reynard v. Bank of America, N.A. (In re Resler)United States Bankruptcy Court, D. Idaho · 2016