Legal Opinion
In Re Cabrillo
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 23, 1989No. 17-16960PublishedCited by 19 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
We here address a Motion for relief from the automatic stay filed by Meridian Bank (hereinafter referred to as “Meridian”) to allow it to obtain the proceeds of a certificate of deposit (hereinafter “the CD”) held by Robert and Shirley Cabrillo (hereinafter “the Debtors”) which was pledged as collateral to secure a loan to the Debtors. We conclude here that, where a creditor asserts that it holds a security interest in collateral, the proper course of action is to seek relief from the stay under 11 U.S.C. § 362(d) of the Code rather than invocation of…
2Cases cited39 opinions
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
- In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988
- Riggs National Bank of Washington, D.C. v. John Gillis Perry, Jr., in Re John Gillis Perry, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1984
34 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re McNeilUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
- Alexander v. Commissioner (In Re Alexander)United States Bankruptcy Court, W.D. Kentucky · 1998
- In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
- Affiliated Computer Systems, Inc. v. Sherman (In re Kemp)Court of Appeals for the Fifth Circuit · 1995
- In Re DayUnited States Bankruptcy Court, E.D. Pennsylvania · 1997
14 more not listed; retrieve them via the Exa API.