Legal Opinion
Waldschmidt v. Chrysler Credit Corp. (In Re Messenger)
United States Bankruptcy Court, M.D. Tennessee
Decided April 8, 1994No. Bankruptcy No. 93-07080-KL3-7. Adv. No. 393-0432APublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The question presented is whether Chrysler Credit’s efforts to perfect a security interest in the debtor’s truck during the 90 days before bankruptcy created an avoidable preference. The security interest is avoidable. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.
I
On May 5, 1993 the debtor took delivery from a car dealer of a Dodge truck with vehicle identification No. 1B7GE16X2PS248968. The retail installment contract was complete in all respects but mistakenly identified a different Dodge truck, vehicle…
2Cases cited7 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- In Re Kenneth Neil Pitman and Patricia Roberts Pitman, Debtors. Robert H. Waldschmidt, Trustee v. Mid-State Homes, Inc., and Jim Walter Homes, Inc.Court of Appeals for the Sixth Circuit · 1988
- Brown v. Callaway Bank (In Re Meritt)United States Bankruptcy Court, W.D. Missouri · 1980
- Still v. Murfreesboro Production Credit Ass'n (In Re Butler)United States Bankruptcy Court, E.D. Tennessee · 1980
- Armstrong v. Hustad (In Re Flaten)United States Bankruptcy Court, D. North Dakota · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc. v. Travelers Indemnity Co. (In Re Maxwell Newspapers, Inc.)United States Bankruptcy Court, S.D. New York · 1996
- Homestead Partners, Ltd. v. Condor One, Inc. (In Re Homestead Partners, Ltd.)United States Bankruptcy Court, N.D. Georgia · 1996
- Condor One, Inc. v. Homestead Partners, Ltd. (In Re Homestead Partners, Ltd.)United States Bankruptcy Court, N.D. Georgia · 1996
- Womack v. Houk (In Re Bangert)United States Bankruptcy Court, D. Montana · 1998
- Upperline Equipment Co. v. J & M, Inc.District Court, E.D. Tennessee · 2009
3 more not listed; retrieve them via the Exa API.