Legal Opinion
Tidewater Finance Co. v. Moffett (In Re Moffett)
United States Bankruptcy Court, E.D. Virginia
Decided July 8, 2002No. 19-50150PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN S. MITCHELL, Bankruptcy Judge.
The issue before the court is whether a secured creditor’s repossession of an automobile prior to the filing of a bankruptcy petition extinguishes the debtor’s interest in the vehicle. The question arises in the context of a motion for relief from the automatic stay filed by Tidewater Finance Company (“Tidewater”), which repossessed the debtor’s automobile for payment defaults early on the same day she filed her chapter 13 petition, and which now seeks leave to sell it.
Hearings were held in open court on May 20 and June 19, 2002. The…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Skillforce, Inc. v. HaferDistrict Court, E.D. Virginia · 2014
- Flores v. U.S. Dept. of Education (In Re Flores)United States Bankruptcy Court, N.D. Ohio · 2002
- Stupka v. Great Lakes Ed. (In Re Stupka)United States Bankruptcy Court, N.D. Ohio · 2003
- In Re SandersUnited States Bankruptcy Court, E.D. Michigan · 2003
- Rozier v. Motors Acceptance Corp. (In Re Rozier)United States Bankruptcy Court, M.D. Georgia · 2002
2 more not listed; retrieve them via the Exa API.