In re: Steven John Wharton and Josephina Jessie Wharton
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge:
Chapter 7 1 debtors, Steven John Wharton and Josephina Jessie Wharton (collectively, Debtors), listed a 1965 Corvette as a nonexempt asset in their initial schedules and showed that Steven’s brother, Robert Wharton (Robert), held a nonpurchase money security interest in the vehicle. However, Robert’s security interest in the vehicle was not perfected under Nevada law. Accordingly, the chapter 7 trustee, Lenard Sehwartzer (Trustee), sought turnover of the vehicle.
Debtors negotiated with Trustee to purchase the Corvette, but these negotiations broke down over price…
2Cases cited24 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
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3Cited by10 opinions
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- Christofferson v. All Pure Pool Service of Central California, IncDistrict Court, E.D. California · 2020
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