Legal Opinion
Gregory v. Community Credit Co. (In Re Biggers)
United States Bankruptcy Court, M.D. Tennessee
Decided June 22, 2000No. Bankruptcy No. 98-10714, Adversary No. 99-0133APublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The issue is whether Community Credit’s perfection of a lien as part of the refinancing of a car loan within 90 days of bankruptcy created an avoidable preference under 11 U.S.C. § 547(b). Because the refinancing did not diminish the estate, the Trustee cannot avoid the lien. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052
Facts
On July 12, 1997, the Debtors purchased a 1996 Dodge pickup truck from North Lake Auto Mall (“North Lake”). The retail installment contract was assigned to Cityside Financial Services of…
2Cases cited14 opinions
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- Stewart v. PlattSupreme Court of the United States · 1879
- Clark v. IselinSupreme Court of the United States · 1875
- Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
- E. Penn Nicholson, Trustee for the Estate of Carolee's Combine, Inc. v. First Investment Company and Bill BeltzerCourt of Appeals for the First Circuit · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)District Court, E.D. Michigan · 2006
- Phoenix Restaurant Group, Inc. v. Ajilon Professional Staffing LLC (In Re Phoenix Restaurant Group, Inc.)United States Bankruptcy Court, M.D. Tennessee · 2004
- Shapiro v. Homecomings Financial Network, Inc. (In Re Davis)United States Bankruptcy Court, E.D. Michigan · 2005
- Spradlin v. Inez Deposit BankCourt of Appeals for the Sixth Circuit · 2003
11 more not listed; retrieve them via the Exa API.