Legal Opinion
Fidelity Financial Services, Inc. v. Fink
Supreme Court of the United States
Decided January 13, 1998No. 96-1370PublishedCited by 81 opinions
1Opinion of the CourtJustice Souter
Although certain transfers made before the filing of a petition in bankruptcy may be avoided as impermissibly preferential, a trustee may not so displace a security interest for a loan used to acquire the encumbered property if, among other things, the security interest is “perfected on or before 20 days after the debtor receives possession of such property." 11 U. S. C. § 547(c)(3)(B). The question in this ease is whether a creditor may invoke this “enabling loan” exception if it performs the acts necessary to perfect its security interest more than 20 days after the debtor receives the…
2Cases cited6 opinions
- In Re Delwin J. Walker and Billie Janiece Walker, Debtors. L.D. Fitzgerald, Trustee v. First Security Bank of Idaho, N.A.Court of Appeals for the First Circuit · 1996
- In the Matter of Larson C. Locklin, Debtor. Jacob C. Pongetti, Trustee for the Estate of Larson Locklin v. General Motors Acceptance CorporationCourt of Appeals for the Fifth Circuit · 1996
- Fink v. Fidelity Financial Services, Inc. (In Re Beasley)United States Bankruptcy Court, W.D. Missouri · 1995
- General Motors Acceptance Corp. v. Busenlehner (In re Busenlehner)Court of Appeals for the Eleventh Circuit · 1990
- Moister v. General Motors Acceptance Corp.Supreme Court of the United States · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Davinci Aircraft, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 2019
- Merit Management Group, LP v. FTI Consulting, Inc.Supreme Court of the United States · 2018
- Soto-Rios v. Banco Popular De Puerto RicoCourt of Appeals for the First Circuit · 2011
- P.A. Bergner & Co. v. Bank One, Milwaukee, N.A. (In re P.A. Bergner & Co.)Court of Appeals for the Seventh Circuit · 1998
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
76 more not listed; retrieve them via the Exa API.