Legal Opinion
Waldschmidt v. Metals (In Re Ward)
United States Bankruptcy Court, M.D. Tennessee
Decided October 3, 1984No. Bankruptcy No. 383-01973, Adv. No. 383-0559PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The trustee seeks to enforce a judgment lien he has acquired by assignment against property purchased from the debtor before bankruptcy. Because the limitation period under Tennessee law for enforcement of this lien has expired and because no provision of the Bankruptcy Code stays or extends the state time requirements, the trustee is barred from enforcing this lien.
The following constitute findings of fact and conclusions of law as required by Bankruptcy Rule 7052.
I. FACTS
The unlikely facts of this case are undisputed and both sides have moved for…
2Cases cited14 opinions
- First Nat. Bank of Baltimore v. StaakeSupreme Court of the United States · 1906
- Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
- McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983
- Egyptian Supply Co. v. BoydCourt of Appeals for the Sixth Circuit · 1941
- Tennessee MacHinery Co. v. Appalachian Energy Industries, Inc. (In Re Appalachian Energy Industries, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Heintz v. Carey (In Re Heintz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- Sender v. MannDistrict Court, D. Colorado · 2006
- Seawinds Ltd. v. Nedlloyd Lines, B.V.District Court, N.D. California · 1987
- Hunter v. Hansen (In Re Hansen)United States Bankruptcy Court, N.D. Ohio · 1990
- Weaver v. HamrickTennessee Supreme Court · 1995
11 more not listed; retrieve them via the Exa API.