Legal Opinion

Snap-On Tools Corp. v. Freeman (In Re Freeman)

District Court, N.D. Alabama

Decided March 4, 1991No. Bankruptcy No. BK 89-04289, Civ. A. No. CV-90-A-02795-SPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

ALLGOOD, Senior District Judge.

This is an appeal from the United States Bankruptcy Court, Northern District of Alabama, Southern Division. The issues on appeal are whether a purchase-money security interest was transformed into a nonpurchase-money security interest by consolidation with a new purchase, and whether the creditor’s security agreement language is sufficient to preserve purchase-money security interest status.

A Bankruptcy Court’s findings of fact are due to be affirmed unless clearly erroneous. In re Sublett, 895 F.2d 1381 (11th Cir.1990). Issues of law are to be…

2Cases cited51 opinions

  1. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  2. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  3. Southtrust Bank of Alabama, National Association, Formerly Named Birmingham Trust National Bank v. Borg-Warner Acceptance Corp., a CorporationCourt of Appeals for the Eleventh Circuit · 1985
  4. Coomer v. Barclays American Financial, Inc. (In Re Coomer)United States Bankruptcy Court, E.D. Tennessee · 1980
  5. In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981

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3Cited by7 opinions

  1. In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
  2. Warehouse Home Furnishing Distributors, Inc. v. WhitsonSupreme Court of Alabama · 1997
  3. Argus Group 1700, Inc. v. SteinmanDistrict Court, E.D. Pennsylvania · 1997
  4. Snap-On Tools, Inc. v. Freeman (In re Freeman)Court of Appeals for the Eleventh Circuit · 1992
  5. In Re MurrayUnited States Bankruptcy Court, M.D. Georgia · 2006

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