Legal Opinion
Smith v. Household Automotive Finance Corp.
District Court, N.D. Illinois
Decided August 19, 2004No. 04 C 3752PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM ORDER AND OPINION
CASTILLO, District Judge.
The Appellant and Debtor Joann Smith seeks review of a discrete legal question: should exempt property that a Chapter 7 debtor wants to redeem from a secured creditor be valued at its wholesale or its replacement value? The bankruptcy judge who presided over Smith’s bankruptcy acknowledged that “all prior opinions by experienced and astute judges” held that a debtor should pay the property’s wholesale value, but held — notwithstanding his personal feelings — that the Supreme Court’s decision Associates Commercial Corp. v. Rash, 520 U.S.…
2Cases cited6 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
- In the Matter of Judy Emely Edwards, Also Known as Judy Emely Glass, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
- In Re David P. Parker, Sr., Debtor. McClellan Federal Credit Union v. David P. Parker, Sr.Court of Appeals for the Ninth Circuit · 1998
- In the Matter of Zandal Hoskins and Debra A. Hoskins, Debtors-Appellees. Appeal of Nbd Bank, N.ACourt of Appeals for the Seventh Circuit · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re JacksonUnited States Bankruptcy Court, N.D. Illinois · 2004
- In Re Pelham Enterprises, Inc.United States Bankruptcy Court, N.D. Illinois · 2007
- In Re McElroyUnited States Bankruptcy Court, C.D. Illinois · 2006
- In Re PerezUnited States Bankruptcy Court, M.D. Florida · 2005
- In Re BryanUnited States Bankruptcy Court, W.D. Missouri · 2004
1 more not listed; retrieve them via the Exa API.