Legal Opinion

Nelson v. Smith (In Re Smith)

United States Bankruptcy Court, W.D. Missouri

Decided February 8, 2000No. 18-43170PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Chief Judge.

The Chapter 7 trustee filed this adversary proceeding seeking turnover of a 1995 Oakwood manufactured home, VIN# HOTX86016CK3 (the Oakwood) on the grounds that creditor Vanderbilt Mortgage and Finance Co. (Vanderbilt) never properly perfected its lien on the Certificate of Title. This is a core proceeding under 28 U.S.C. § 157(b)(2)(E) and (K) over which the Court has jurisdiction pursuant to 28 U.S.C. § 1334(b), 157(a), and 157(b)(1). The following constitutes my Findings of Fact and Conclusions of Law in accordance with Rule 52 of the…

2Cases cited4 opinions

  1. In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond ErwinCourt of Appeals for the Eighth Circuit · 1973
  2. Bradley v. K & E INVESTMENTS, INC.Missouri Court of Appeals · 1993
  3. Ford Motor Credit Co. v. PedersenMissouri Court of Appeals · 1978
  4. Rouse v. Chase Manhattan Bank, U.S.A., N.A. (In re Brown)United States Bankruptcy Court, W.D. Missouri · 1998

3Cited by2 opinions

  1. Union Planters Bank, N.A. v. Burns (In Re Gaylord Grain L.L.C.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  2. Union Planters Bank v. Rice P. Burns, Jr.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004

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