Legal Opinion

In re Ginter

United States Bankruptcy Court, W.D. Missouri

Decided March 13, 2006No. 05-23707-7Published

1Opinion of the Court

MEMORANDUM OPINION

DENNIS R. DOW, Bankruptcy Judge.

This matter comes before the Court on the motion of Trent D. Ginter (“Debtor”) to avoid a non-possessory, non-purchase money security interest. Alliant Bank-Boonville (“Alliant”) argues that Debtor cannot now avoid its security interest because he previously stipulated to relief from the stay and should now be estopped from avoiding Alliant’s security interest in the personal property at issue. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a) and (b). This is a core proceeding which the Court may hear and determine pursuant…

2Cases cited22 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Brown v. FelsenSupreme Court of the United States · 1979
  3. Pegram v. HerdrichSupreme Court of the United States · 2000
  4. Davis v. WakeleeSupreme Court of the United States · 1895
  5. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999

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