Connelly v. Marine Midland Bank, N.A.
District Court, W.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
ELFVIN, District Judge.
In this action Thomas P. Connelly, III appeals from a final order of the Bankruptcy Court. The issues presented are whether the Bankruptcy Court erred in vacating a default judgment against Marine Midland Bank, N.A. (“MMB”) and in finding that MMB’s interest in the debtors’ automobile was superior to the trustee’s interest.
The essential facts are not in dispute. Mark and Dawn Gearhart, the debtors in this action, had purchased a 1983 Oldsmobile with financing from the General Motors Acceptance Corporation (“GMAC”). GMAC retained a security interest…
2Cases cited3 opinions
- Egyptian Supply Co. v. BoydCourt of Appeals for the Sixth Circuit · 1941
- Tennessee MacHinery Co. v. Appalachian Energy Industries, Inc. (In Re Appalachian Energy Industries, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
- Truman v. United States (In Re Tri-Sonic, Inc.)United States Bankruptcy Court, N.D. Texas · 1979
3Cited by19 opinions
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- McCorhill Publishing, Inc. Ex Rel. Barr v. Greater New York Savings Bank (In Re McCorhill Publishing, Inc.)United States Bankruptcy Court, S.D. New York · 1988
- Carvell v. Bank One, Lafayette, N.A. (In Re Carvell)Bankruptcy Appellate Panel of the First Circuit · 1998
- Barnett Bank of South Florida, N.A. v. Weitzner (In Re Kavolchyck)District Court, S.D. Florida · 1994
- Matter of DeLanceyUnited States Bankruptcy Court, S.D. New York · 1988
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