Legal Opinion
Wenco Industries, Inc. v. Stalzer (In re Davis)
District Court, D. Georgia
Decided January 28, 1994No. Bankruptcy No. A92-62328-JB; Adv. No. 93-6426PublishedCited by 1 opinion
1Opinion of the Court
ORDER
JOYCE BIHARY, Bankruptcy Judge.
This case presents the question of whether a trustee, in his capacity as a hypothetical judicial lien creditor under 11 U.S.C. § 544(a)(1), prevails over an equitable interest in an automobile when the certificate of title is issued in the debtor’s name and the name of the party claiming an equitable interest is not listed on the certificate of title. The resolution of the question depends on Georgia law.
Procedurally, this adversary proceeding is before the Court on cross motions for summary judgment. In the complaint, plaintiff Wenco Industries, Inc.…
2Cases cited9 opinions
- In Re Guilford Telecasters, Inc.United States Bankruptcy Court, M.D. North Carolina · 1991
- In The Matter Of Jane G. CliffordCourt of Appeals for the Fifth Circuit · 1978
- In the Matter of Max C. Robison, Bankrupt. Appeal of Tony RobisonCourt of Appeals for the Seventh Circuit · 1981
- Allen v. HollowayCourt of Appeals of Georgia · 1969
- Owensboro National Bank v. JenkinsCourt of Appeals of Georgia · 1985
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3Cited by1 opinion
- Matter of McBarnetteUnited States Bankruptcy Court, N.D. Georgia · 1994