Legal Opinion
Charger Boats v. Tepper Industries, Inc. (In Re Tepper Industries)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided June 15, 1987No. BAP No. CC-86-1764 JMoV, Bankruptcy No. LA83-23533 CA, Adv. No. LA85-0142 CAPublishedCited by 6 opinions
1Opinion of the Court
OPINION
JONES, Chief Judge:
Appellant Charger Boats appeals the bankruptcy court’s order holding that Charger’s claim is unsecured. We affirm.
FACTS
In December, 1978, the debtor, Tepper Industries, Inc. (“Tepper”), purchased a spa manufacturing business from Charger Boats (“Charger”) for $180,000.00. In conjunction with the sale, Tepper executed a promissory note in favor of Charger for $128,000.00. The note was secured by a security agreement 1 and a financing statement was filed with the California secretary of state on January 8, 1979. 2
At the time of the sale, Tepper and Charger had agreed…
2Cases cited5 opinions
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- In the Matter of California Pump & Manufacturing Co., Inc., Bankrupt. Jim L. Selby, 3-74-425 v. John M. England, TrusteeCourt of Appeals for the Ninth Circuit · 1978
- In Re Little Brick Shirthouse, Inc.District Court, N.D. Illinois · 1972
- In Re FreemanUnited States Bankruptcy Court, C.D. California · 1983
- In Re Granny Frannies, Inc.United States Bankruptcy Court, D. South Carolina · 1984
3Cited by6 opinions
- Crow-Southland Joint Venture No. 1 v. North Fort Worth Bank, Texas Court of Appeals, 5th District (Dallas)1992
- American National Bank & Trust Co. v. Matrix IV, Inc. (In Re S.M. Acquisition Co.)United States Bankruptcy Court, N.D. Illinois · 2003
- Federal Deposit Ins. Corp. v. Quality Inns, Inc.District Court, D. Maryland · 1990
- In re Madawaska Hardscape Products, Inc.United States Bankruptcy Court, D. South Carolina · 2012
- Charger Boats v. Tepper Industries, Official Creditors Committee of Tepper Industries, Inc., Karol (Joseph)Court of Appeals for the Ninth Circuit · 1988
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