Legal Opinion
Pierce v. Conseco Finance Servicing Corp. (In Re Lockridge)
District Court, D. Arizona
Decided December 15, 2003No. Bankruptcy No. 0-02-01036-BHC-RJH. Adversary No. 03-00009PublishedCited by 11 opinions
1Opinion of the Court
OPINION
The Court must here determine who should bear the loss between an automotive dealership and a finance company when a chapter 7 bankruptcy trustee avoids a security interest that was not timely perfected. On these facts, the Court concludes that the loss must fall on the dealer who failed to perfect the lien prior to the bankruptcy case or within a timely manner thereafter.
Background Facts
Adobe RV Sales, Inc./RV Traders (“RV Traders”) sells recreational vehicles and trailers, which its customers frequently purchase on installment sales contracts. As typically done in the industry, RV…
2Cases cited16 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In the Matter of Irma J. Walker, Debtor. Irma J. Walker v. The Cadle Company v. Denise D. Lindsey and Stan Svara D/B/A Sks EnterprisesCourt of Appeals for the Fifth Circuit · 1995
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3Cited by11 opinions
- Premium of America, LLC v. Sanchez (In Re Premium Escrow Services, Inc.)District Court, District of Columbia · 2006
- Rhiel v. Central Mortgage Co. (In Re Kebe)United States Bankruptcy Court, S.D. Ohio · 2011
- Sovereign Bank v. Hepner (In Re Roser)Court of Appeals for the Tenth Circuit · 2010
- PDG Los Arcos, LLC v. Adams (In Re Mortgages Ltd.)District Court, D. Arizona · 2010
- National Retail Development Partners I, LLC v. Maness (In Re Mortgages Ltd.)United States Bankruptcy Court, D. Arizona · 2008
6 more not listed; retrieve them via the Exa API.