Legal Opinion

In Re James Estil Atchison, Sr. & Ruth Atchison, Debtors. Merchants Bank v. James Estil Atchison, Sr. And Ruth Atchison

Court of Appeals for the Eleventh Circuit

Decided November 23, 1987No. 87-7223PublishedCited by 16 opinions

Non-Argument Calendar.

1Opinion of the Court

CLARK, Circuit Judge:

Appellant Merchants Bank (hereinafter “Merchants”) appeals a district court order affirming the bankruptcy court’s refusal to exempt four pieces of equipment from a stay imposed on the assets of appellees James Estil Atchison, Sr. and Ruth Atchi-son. The Atchisons filed a Chapter 7 bankruptcy petition on April 7, 1986, and Merchants, contending that it had a valid and enforceable security interest in the equipment, filed a motion for relief from stay ten days later. The bankruptcy court held that because the equipment was owned not by the corporation in whose name the…

2Cases cited13 opinions

  1. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  2. In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
  3. Morton Booth Co. v. Tiara Furniture, Inc.Supreme Court of Oklahoma · 1977
  4. K.N.C. Wholesale, Inc. v. AWMCO, Inc.California Court of Appeal · 1976
  5. Improve MacHinery Inc. v. Delta Molded Products, Inc.District Court, N.D. Alabama · 1976

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

3Cited by16 opinions

  1. In Re Coupon Clearing Service, Inc.Court of Appeals for the Ninth Circuit · 1997
  2. In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel FerandosCourt of Appeals for the Third Circuit · 2005
  3. Kondik v. Ebner (In Re Standard Foundry Products, Inc.)United States Bankruptcy Court, N.D. Illinois · 1997
  4. Whatley v. Guaranty Bank & Trust CompanyCourt of Appeals for the Fifth Circuit · 1989
  5. The First National Bank of Alexander City v. Avondale Mills Bevelle Employees Federal Credit Union, in LiquidationCourt of Appeals for the First Circuit · 1992

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

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