Legal Opinion

Peoples Bank of Polk County v. McDonald (In Re Maryville Savings & Loan Corp.)

District Court, E.D. Tennessee

Decided June 24, 1983No. Civ. 3-83-180PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

Plaintiff appeals from a decision of the Bankruptcy Court, 27 B.R. 701, holding that plaintiff failed to perfect its interest in two assignments of promissory notes and trust deeds. The Bankruptcy Court therefore determined that defendant, the trustee in bankruptcy, held a superior interest in the notes.

The parties have stipulated the material facts. The debtor, Maryville Savings and Loan Corporation, secured a loan from plaintiff in 1981. As collateral for the loan, debtor assigned all its interest in certain promissory notes and deeds of trust in real…

2Cases cited5 opinions

  1. Lieberman, Loveman Cohn v. KnightTennessee Supreme Court · 1925
  2. Commerce Union Bank v. MayTennessee Supreme Court · 1973
  3. Union Livestock Yards, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals of Tennessee · 1976
  4. Bertha v. SmithTennessee Supreme Court · 1937
  5. Peoples Bank of Polk County v. McDonald (In Re Maryville Savings & Loan Corp.)United States Bankruptcy Court, E.D. Tennessee · 1983

3Cited by5 opinions

  1. In Re Maryville Savings & Loan Corporation, Debtor. Peoples Bank of Polk County v. John E. McDonald TrusteeCourt of Appeals for the Sixth Circuit · 1984
  2. In Re Maryville Savings & Loan Corporation, Debtor. Peoples Bank of Polk County v. John E. McDonald TrusteeCourt of Appeals for the Sixth Circuit · 1985
  3. Maloney v. Stewart Title & Trust of Tucson (In Re Nichols)United States Bankruptcy Court, C.D. Illinois · 1988
  4. In Re Investors & Lenders, Ltd.United States Bankruptcy Court, D. New Jersey · 1993
  5. SGE Mortgage Funding Corp. v. Accent Mortgage Services, Inc. (In Re SGE Mortgage Funding Corp.)United States Bankruptcy Court, M.D. Georgia · 2001

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