Legal Opinion

Morris v. St. John National Bank (In Re Haberman)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided August 9, 2006No. BAP. No. KS-06-008, Bankruptcy No. 02-11974-7, Adversary No. 02-5273PublishedCited by 13 opinions

1Opinion of the Court

OPINION

CORNISH, Bankruptcy Judge.

J. Michael Morris, Chapter 7 Trustee (“Trustee”), appeals an order of the bankruptcy court limiting his recovery of post-petition payments in a lien avoidance action to the value of the collateral on the date of bankruptcy and denying his motion to recover postpetition payments made in excess of the value of that collateral. 1 For the following reasons, we affirm the decision of the bankruptcy court.

I. Background

Debtors Christopher and Catherine Ha-berman (“Debtors”) financed the purchase of a computer for $3,050 with creditor St. John National Bank (“Bank”)…

2Cases cited10 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. Salve Regina College v. RussellSupreme Court of the United States · 1991
  4. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  5. Dewsnup v. TimmSupreme Court of the United States · 1992

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3Cited by13 opinions

  1. Morris v. St. John National BankCourt of Appeals for the Tenth Circuit · 2008
  2. Rodriguez v. Drive Financial Services, L.P. (In Re Trout)Court of Appeals for the Tenth Circuit · 2010
  3. Kanke v. Adams (In Re Adams)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  4. Rodriguez v. Daimlerchrysler Financial Services Americas LLC (In Re Bremer)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
  5. Mendoza v. Montoya (In re Mendoza)Bankruptcy Appellate Panel of the Tenth Circuit · 2019

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

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