Legal Opinion

Fidelity National Bank v. Winslow (In Re Winslow)

United States Bankruptcy Court, N.D. Georgia

Decided May 16, 1984No. 16-05318PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

The plaintiff-creditor filed a complaint for relief from the automatic stay, 11 U.S.C. § 362(d), which was granted. Several months after the order for relief was entered, plaintiff repossessed the debtor’s car in which it had held a security interest. Subsequently, plaintiff sold the car without providing any prior notification of the sale to the debtor pursuant to the Uniform Commercial Code. OCGA § 11-9-504(3). The debtor filed a motion for summary judgment, arguing that the plaintiff was not entitled to collect any deficiency resulting from…

2Cases cited2 opinions

  1. Braswell v. American National BankCourt of Appeals of Georgia · 1968
  2. Edmondson v. Air Service CompanyCourt of Appeals of Georgia · 1971

3Cited by17 opinions

  1. Maria Vega, Eva Trevino, on Behalf of Herself and as Next Friend of Pedro Trevino v. John W. GasperCourt of Appeals for the Fifth Circuit · 1994
  2. First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
  3. Bankr. L. Rep. P 71,561 in Re Monika Thekla Kahihikolo, Debtor. Camille Hope, Chapter 13 Trustee, 1 v. General Finance Corporation of GeorgiaCourt of Appeals for the Eleventh Circuit · 1987
  4. In Re KernsDistrict Court, S.D. Indiana · 1990
  5. Diamond Bank v. Carter (In Re Carter)United States Bankruptcy Court, W.D. Missouri · 1996

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