Legal Opinion

In Re Freeman

United States Bankruptcy Court, C.D. California

Decided September 8, 1983No. Bankruptcy LA-81-08465(CA)PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

CALVIN K. ASHLAND, Bankruptcy Judge.

BACKGROUND

This motion seeks to set aside a secured claim in excess of the value of certain collateral. The trustee asserts that the balance of the claim should be treated as an unsecured claim.

FACTS

The individual debtor and another formed a partnership named The Gold Chain Supermarket for the purpose of conducting a retail jewelry business. On May 21, 1978 the partnership borrowed $5,220.26 from Santa Barbara Bank & Trust (Bank) and executed a security agreement and financing statement which described the collateral securing the…

2Cases cited4 opinions

  1. 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
  2. In the Matter of California Pump & Manufacturing Co., Inc., Bankrupt. Jim L. Selby, 3-74-425 v. John M. England, TrusteeCourt of Appeals for the Ninth Circuit · 1978
  3. Owen v. McKesson and Robbins Drug CompanyDistrict Court, N.D. Florida · 1972
  4. In Re Little Brick Shirthouse, Inc.District Court, N.D. Illinois · 1972

3Cited by9 opinions

  1. Crow-Southland Joint Venture No. 1 v. North Fort Worth Bank, Texas Court of Appeals, 5th District (Dallas)1992
  2. American National Bank & Trust Co. v. Matrix IV, Inc. (In Re S.M. Acquisition Co.)United States Bankruptcy Court, N.D. Illinois · 2003
  3. Charger Boats v. Tepper Industries, Inc. (In Re Tepper Industries)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  4. Gordon Car & Truck Rental, Inc. v. American Motors Leasing Corp. (In Re Gordon Car & Truck Rental, Inc.)United States Bankruptcy Court, N.D. New York · 1987
  5. In Re Granny Frannies, Inc.United States Bankruptcy Court, D. South Carolina · 1984

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