Legal Opinion

Drewes v. Lesmeister (In Re Lesmeister)

United States Bankruptcy Court, D. North Dakota

Decided November 24, 1999No. 16-30359PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

The matter before the Court stems from a Complaint filed by Wayne Drewes, Chapter 7 Trustee, on June 23, 1999, seeking to recover for the estate a government disaster payment in which Defendant Ag Acceptance Corporation (Ag Acceptance) claims a security interest. Two issues are presented. First, whether the disaster payment constitutes property of the estate under section 541 and secondly, whether Ag Acceptance has a valid and persisting security interest unassailable by the Trustee. Trial was held on October 21, 1999. From the…

2Cases cited9 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
  4. In the Matter of Leland G. Schmaling and Mary F. Schmaling, Debtors. Appeal of Esther J. Schmaling, Leland G. Schmaling and Mary F. SchmalingCourt of Appeals for the Seventh Circuit · 1986
  5. Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998

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3Cited by9 opinions

  1. Ricky Wayne Bracewell v. Walter W. KelleyCourt of Appeals for the Eleventh Circuit · 2006
  2. Boyett v. Moore (In Re Boyett)United States Bankruptcy Court, S.D. Georgia · 2000
  3. Mercantile Bank v. Norville (In Re Norville)United States Bankruptcy Court, C.D. Illinois · 2000
  4. In Re GrotjohnUnited States Bankruptcy Court, N.D. Texas · 2006
  5. In Re Otto Farms, Inc.United States Bankruptcy Court, C.D. Illinois · 2000

4 more not listed; retrieve them via the Exa API.

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