Legal Opinion

Sentry Financial Service Corp. v. Pitrat (In Re Resources Reclamation Corp. of America)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 26, 1983No. BAP No. AZ 83-1029 EAbAs, Bankruptcy No. B 79-2344-PHX-HMCPublishedCited by 23 opinions

1Opinion of the Court

OPINION

ELLIOTT, Bankruptcy Judge:

Sentry Financial Services Corp. appeals an order denying a motion to reconsider an earlier order sustaining the trustee’s objection to Sentry’s proof of claim. We reverse.

In January 1981, Sentry filed a proof of claim as a secured creditor for $79,470.00 plus interest from August 13, 1980. The proof of claim specified that “[t]his claim is a general unsecured claim, except to the extent that the security interest described ... is sufficient to satisfy the claim.” Sentry obtained possession of part of its collateral and sold it for $22,000.00, leaving Sentry…

2Cases cited2 opinions

  1. In Re Pottasch Bros. Co.Court of Appeals for the Second Circuit · 1935
  2. Brielle Associates v. GrazianoCourt of Appeals for the Third Circuit · 1982

3Cited by23 opinions

  1. Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. In Re OwensUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re SchafferUnited States Bankruptcy Court, N.D. Illinois · 1994
  4. In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1993
  5. Matter of BernardUnited States Bankruptcy Court, N.D. Georgia · 1996

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