Legal Opinion

McMahan's of Alhambra v. Casselli (In Re Casselli)

United States Bankruptcy Court, C.D. California

Decided May 29, 1980No. Bankruptcy 79-05746-JD (A), 79-05747-JDPublishedCited by 5 opinions

1Opinion of the Court

OPINION

JAMES R. DOOLEY, Bankruptcy Judge.

This case presents two interrelated questions:

1. To what extent does plaintiff hold a security interest in the items that defendants purchased from plaintiff?

2. To what extent is plaintiff entitled to a return of the items that defendants purchased, or a nondischargeable judgment for their value?

FACTS

On or about March 27, 1977 plaintiff entered into a Revolving Charge Account Agreement with defendant Lynn M. Cassel-li. Later, on or about September 13, 1977 plaintiff entered into another Revolving Charge Account Agreement with defendant Lynn M.…

2Cases cited12 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
  3. Barquis v. Merchants Collection Assn.California Supreme Court · 1972
  4. Betty Eby, a Widow v. Reb Realty, Inc., an Arizona Corporation, and Don Dailey Realty, an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1974
  5. N. C. Freed Company, Inc., and International Roofing Corp. v. Board of Governors of the Federal Reserve System and Federal Trade CommissionCourt of Appeals for the Second Circuit · 1973

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3Cited by5 opinions

  1. In Re Gregory Alyan Posta and Mary Jones Posta, C.I.T. Financial Services, Inc. v. Gregory Alyan Posta, Mary Jones PostaCourt of Appeals for the Tenth Circuit · 1989
  2. Shaver Motors, Inc. v. Mills (In Re Mills)United States Bankruptcy Court, N.D. Indiana · 1988
  3. Sears v. Hodges (In Re Hodges)United States Bankruptcy Court, N.D. California · 1988
  4. Sims Furniture Co. v. Trotter (In Re Trotter)United States Bankruptcy Court, C.D. California · 1981
  5. Firstmark Financial Corp. v. Aldrich (In Re Aldrich)United States Bankruptcy Court, N.D. Ohio · 1984

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