Legal Opinion

Central Iowa Production Credit Ass'n v. DeSchamp (In Re DeSchamp)

United States Bankruptcy Court, N.D. Iowa

Decided November 23, 1984No. 19-00308PublishedCited by 8 opinions

1Opinion of the Court

FINDINGS OP FACT, CONCLUSIONS OF LAW, AND ORDER DENYING SECURED STATUS OF PROPERTY, WITH MEMORANDUM

WILLIAM W. THINNES, Bankruptcy Judge.

This case was submitted to the Court on the written pleadings, a joint stipulation of facts, and briefs.

The case before the Court involves the determination of the validity of PCA’s security interest in the construction equipment owned by the Debtors-in-Possession. On March 20, 1981, the Debtors and PCA entered into a Security Agreement which specifically listed the following construction equipment:

1976 Fiat-AC Bulldozer 11B

1977 AC 11B Bulldozer

1963 AC HE…

2Cases cited4 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Mammoth Cave Production Credit Association v. YorkCourt of Appeals of Kentucky (pre-1976) · 1968
  3. First State Bank of Nora Springs v. WaychusSupreme Court of Iowa · 1971
  4. First National Bank in Creston v. FrancisSupreme Court of Iowa · 1984

3Cited by8 opinions

  1. In Re FarnhamUnited States Bankruptcy Court, D. Vermont · 1986
  2. First City Bank v. Webb Co. (In Re Softalk Publishing Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  3. Frank v. Second National Bank of Saginaw (In Re Gilbert)United States Bankruptcy Court, E.D. Michigan · 1988
  4. Gordon Car & Truck Rental, Inc. v. American Motors Leasing Corp. (In Re Gordon Car & Truck Rental, Inc.)United States Bankruptcy Court, N.D. New York · 1987
  5. Merchants National Bank of Cedar Rapids v. HalberstadtCourt of Appeals of Iowa · 1988

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