Cleaver v. Warford (In Re Cleaver)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
KRESSEL, Chief Judge.
The debtors appeal an order of the bankruptcy court denying a motion for “reconsideration” of an order denying a motion to avoid a nonpossessory, nonpur-chase-money security interest in a semi-tractor truck. Because we hold that lien avoidance is a federal remedy to be determined under federal law, we reverse and remand for further proceedings consistent with this opinion.
BACKGROUND
Jeremy and Michelle Cleaver borrowed $42,381.93 from Kris Earlywine in early 2008. To secure the loan, the Cleavers granted Earlywine a security interest in their 2000 Kenworth W900B DS…
2Cases cited12 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
- Jody Debold v. E. Rebecca Case, Chapter 7 TrusteeCourt of Appeals for the Eighth Circuit · 2006
- In Re Curtis Neal Heape and Billie Jean Heape, Debtors. Curtis Neal Heape and Billie Jean Heape, Debtors-Appellants v. Citadel Bank of IndependenceCourt of Appeals for the Tenth Circuit · 1989
- 11 Collier bankr.cas.2d 1024, Bankr. L. Rep. P 70,155 in the Matter of Russell Thompson and Dixie A. Thompson, Engaged in Farming, Debtors. Petition of Russell Thompson and Dixie A. ThompsonCourt of Appeals for the Eighth Circuit · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re WollerUnited States Bankruptcy Court, W.D. Wisconsin · 2012
- CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2016
- In Re KingUnited States Bankruptcy Court, N.D. Iowa · 2011
- In re ArendsUnited States Bankruptcy Court, N.D. Iowa · 2014
- CRP Holdings A-1, LLC v. Casey D. O'SullivanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2016
1 more not listed; retrieve them via the Exa API.