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Peoples Bank of Polk County v. McDonald (In Re Maryville Savings & Loan Corp.)

United States Bankruptcy Court, E.D. Tennessee

Decided February 3, 1983No. Bankruptcy No. 3-82-00387, Adv. No. 3-82-0542PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The applicability of Article 9 of the Uniform Commercial Code to the debtor’s assignments of several deed of trust notes and corresponding deeds of trust is at issue. Plaintiff Peoples Bank of Polk County contends the assignments are excluded from the coverage of Article 9 by Tenn.Code Ann. § 47 — 9—104(j) (1979). In contradistinction, the defendant trustee in bankruptcy asserts the provisions of Article 9 are applicable. Citing Tenn.Code Ann. § 47-9-304(1) (1979), the trustee contends plaintiff failed to perfect its security interest in this case…

2Cases cited12 opinions

  1. In the Matter of Bristol Associates, Inc., Debtor. Appeal of Girard Trust BankCourt of Appeals for the Third Circuit · 1974
  2. Staff Mortgage and Investment Corporation v. WikleCourt of Appeals for the Ninth Circuit · 1977
  3. In Re Staff Mortgage & Investment CorporationCourt of Appeals for the Ninth Circuit · 1980
  4. First National Bank of Boston v. Larson (In Re Kennedy Mortgage Co.)United States Bankruptcy Court, D. New Jersey · 1982
  5. Joseph Szabo, Trustee in Bankruptcy of Bell Oldsmobile, Inc. v. Vinton Motors, Inc.Court of Appeals for the First Circuit · 1980

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

3Cited by6 opinions

  1. In Re Maryville Savings & Loan Corporation, Debtor. Peoples Bank of Polk County v. John E. McDonald TrusteeCourt of Appeals for the Sixth Circuit · 1984
  2. In Re Maryville Savings & Loan Corporation, Debtor. Peoples Bank of Polk County v. John E. McDonald TrusteeCourt of Appeals for the Sixth Circuit · 1985
  3. Maloney v. Stewart Title & Trust of Tucson (In Re Nichols)United States Bankruptcy Court, C.D. Illinois · 1988
  4. In Re Investors & Lenders, Ltd.United States Bankruptcy Court, D. New Jersey · 1993
  5. Peoples Bank of Polk County v. McDonald (In Re Maryville Savings & Loan Corp.)District Court, E.D. Tennessee · 1983

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

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