Legal Opinion

Morris v. Chisolm Trail State Bank (In Re Stephens)

District Court, D. Kansas

Decided November 19, 1999No. 99-1266-WEB. Bankruptcy No. 97-14633-7PublishedCited by 6 opinions

1Opinion of the Court

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This is an appeal from a judgment of the bankruptcy court denying the trustee’s complaint to avoid an alleged preferential transfer under 11 U.S.C. § 547(d). The dispute concerns whether the debtors’ grant of a security interest in their vehicle to the Chisolm Trail State Bank is avoidable as a preferential transfer. The interest was granted by the debtors in exchange for a loan to refinance their vehicle, and was perfected 14 days after execution of the loan and security agreements and within 90 days of the filing of the petition.…

2Cases cited5 opinions

  1. In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
  2. 13 Collier bankr.cas.2d 586, Bankr. L. Rep. P 70,721 in the Matter of Thomas A. Tressler and Judy A. Tressler, Debtors. Union Bank & Trust Co., Erie v. R. Perrin Baker, Esq., Trustee and Thomas A. Tressler and Judy A. Tressler, Appeal of R. Perrin Baker, Trustee Above Named and CounterCourt of Appeals for the Third Circuit · 1985
  3. Dye v. Rivera (In Re Marino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  4. Pine Top Insurance v. Bank of America National Trust & Savings Ass'nCourt of Appeals for the Seventh Circuit · 1992
  5. Dorholt v. Linquist (In Re Dorholt, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999

3Cited by6 opinions

  1. Shapiro v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
  2. Vieira v. Anna National Bank (In Re Messamore)United States Bankruptcy Court, S.D. Illinois · 2000
  3. Peters v. Wray State Bank (In Re Kerst)United States Bankruptcy Court, D. Colorado · 2006
  4. Goodman v. Southern Horizon Bank (In Re Norsworthy)United States Bankruptcy Court, N.D. Georgia · 2007
  5. Wittman v. Ameriquest Mortgage Co. (In Re Crossen)United States Bankruptcy Court, W.D. Wisconsin · 2005

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