Legal Opinion

Paccar Financial Corp. v. Benton Trucking Service, Inc. (In Re Benton Trucking Service, Inc.)

United States Bankruptcy Court, E.D. Michigan

Decided July 6, 1982No. 19-42422PublishedCited by 7 opinions

1Opinion of the Court

OPINION

GEORGE BRODY, Bankruptcy Judge.

This action involves the relative rights of competing secured creditors to the proceeds of sale of two tractors.

Benton Trucking Service, Inc. (debtor) was in the business of hauling freight. On or about August 16, 1979, the debtor purchased two Kenworth tractors from the Whiteford Sales and Service. The price of each tractor was in excess of $60,000. The debtor made a down payment of $10,000 on each tractor and financed the balance of the purchase price pursuant to retail installment contracts. The contracts provided in pertinent part that

Buyer promises…

2Cases cited17 opinions

  1. Commercial Credit Co. v. American Mfg. Co.Court of Appeals of Texas · 1941
  2. Hempstead Bank v. Andy's Car Rental System, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
  3. Central Finance Co. of Peru, Inc. v. GarberIndiana Court of Appeals · 1951
  4. Lufkin's Real Estate, Inc. v. AsephMassachusetts Supreme Judicial Court · 1965
  5. Metro Plan, Inc. v. Kotcher-Turner, Inc.Michigan Supreme Court · 1941

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

3Cited by7 opinions

  1. Madison Capital Co., LLC v. S & S SALVAGE, LLCDistrict Court, W.D. Kentucky · 2011
  2. Amvest Funding Co. v. Rex Group, Inc. (In Re Rex Group, Inc.)United States Bankruptcy Court, E.D. Virginia · 1987
  3. John Deere Co. v. Jeff DeWitt Auction Co.Missouri Court of Appeals · 1985
  4. Buffalo Molded Plastics, Inc. v. Plastic Mold Technology, Inc. (In Re Buffalo Molded Plastics, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2006
  5. Williams v. Federal Land Bank of JacksonDistrict Court, District of Columbia · 1990

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API