Legal Opinion
In the Matter of Elray Rash and Jean Rash, Debtors. Associates Commercial Corporation v. Elray Rash and Jean Rash
Court of Appeals for the Fifth Circuit
Decided September 13, 1994No. 93-5396PublishedCited by 34 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The Associates Commercial Corporation (“ACC”) appeals the district court’s confirmation of a reorganization plan under chapter 13 of the Bankruptcy Code (the “code”). Because the district court erred as a matter of law in calculating the value of ACC’s secured claim under 11 U.S.C. § 506(a), we reverse.
I
A
On March 30, 1989, Elray and Jean E. Rash 1 purchased a commercial truck at retail value of $73,700 by entering into a sales agreement and related documents (“loan documents”) with Janoe Truck Sales & Service, Inc., d/b/a Janoe Kenworth Trucks (“Janoe”). The…
2Cases cited19 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
- In Re Donald Allen Trimble, Debtor. Metrobank, Creditor/appellant v. Donald Allen Trimble, Debtor/appelleeCourt of Appeals for the Eighth Circuit · 1995
- In Re SharonUnited States Bankruptcy Court, S.D. Ohio · 1996
- In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. RashCourt of Appeals for the Fifth Circuit · 1996
29 more not listed; retrieve them via the Exa API.