Legal Opinion

Caterpillar Financial Services Corp. v. Braunstein (In Re Henriquez)

Bankruptcy Appellate Panel of the First Circuit

Decided April 11, 2001No. MB 00-100PublishedCited by 21 opinions

1Opinion of the Court

HAINES, Bankruptcy Judge.

Caterpillar Financial Services Corporation (Caterpillar) appeals from the bankruptcy court’s order denying its motion for relief from stay. The bankruptcy court determined that Caterpillar was not entitled to relief because it failed to demonstrate at the motion hearing that it held a valid, perfected security interest in the debtor’s backhoe/loader. For the reasons set forth below, we dismiss this appeal for lack of jurisdiction.

Background

Edward H. Henriquez filed for relief under chapter 7 of the Bankruptcy Code 1 on October 9, 1998. About two months before filing,…

2Cases cited20 opinions

  1. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  2. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
  5. Berner v. DelahantyCourt of Appeals for the First Circuit · 1997

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

3Cited by21 opinions

  1. In Re OcasioBankruptcy Appellate Panel of the First Circuit · 2002
  2. Whispering Pines Estates, Inc. v. Flash Island, Inc. (Whispering Pines Estates, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2007
  3. United States v. Fleet Bank of MassachusettsCourt of Appeals for the First Circuit · 2002
  4. Lafayette v. Collins (In Re Withrow)Bankruptcy Appellate Panel of the First Circuit · 2009
  5. TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014

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

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