Legal Opinion
Still v. Peoples National Bank (In Re Baker)
United States Bankruptcy Court, E.D. Tennessee
Decided October 31, 1985No. Bankruptcy No. 1-84-00910, Adv. No. 1-85-0023PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Bankruptcy Judge.
The main issue between the plaintiff, trustee in bankruptcy, and the defendant, Peoples National Bank (the Bank), is whether the Bank had a perfected security interest in property that it foreclosed upon before the debtors’ bankruptcy. The facts are as follows.
On January 29, 1980, Gerald Baker (the debtor), Alvis Baker, George Baker, and Don Baker executed a promissory note to the Bank and a security agreement. The security agreement does not contain any description of collateral. The note, however, says:
As collateral security for the payment of…
2Cases cited9 opinions
- Komas v. Future Systems, Inc.California Court of Appeal · 1977
- Commerce Union Bank v. Burger-In-A-Pouch, Inc.Tennessee Supreme Court · 1983
- Casco Bank & Trust Co. v. CloutierSupreme Judicial Court of Maine · 1979
- Data General Corp. v. Still (In Re Ault)United States Bankruptcy Court, E.D. Tennessee · 1980
- Still v. City Bank & Trust Co. (In Re Belmont Industries)United States Bankruptcy Court, E.D. Tennessee · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Warsco v. Schaller Trucking Corp. (In Re R. & L. Cartage & Sons, Inc.)United States Bankruptcy Court, N.D. Indiana · 1990
- In Re HardageUnited States Bankruptcy Court, N.D. Texas · 1989
- In Re Memphis-Friday's AssociatesUnited States Bankruptcy Court, W.D. Tennessee · 1988
- Goldberg v. Rose (In Re Cloverleaf Properties)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- In Re SWG AssociatesUnited States Bankruptcy Court, W.D. Pennsylvania · 1996
2 more not listed; retrieve them via the Exa API.