Legal Opinion
Scaffidi v. Kenosha City Credit Union (In Re Moeri)
United States Bankruptcy Court, E.D. Wisconsin
Decided August 8, 2003No. 16-23431PublishedCited by 14 opinions
1Opinion of the Court
DECISION
JAMES E. SHAPIRO, Bankruptcy Judge.
At issue is whether the lien of Kenosha City Credit Union (“defendant”) in debt- or’s 1999 Jeep is avoidable as a preferential transfer.
The trustee argues that, under Wis. Stats. § 342.19 1 , a lien is perfected upon delivery of the prerequisite documents and fee to the Wisconsin Department of Transportation (“Department”). In this case, approximately 48 days passed from the time that the debtor signed the loan documents with the defendant to the time when the defendant’s lien was perfected. Such perfection was within the 90-day preference period…
2Cases cited7 opinions
- In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
- In Re HeitkampCourt of Appeals for the First Circuit · 1998
- Krigel v. Sterling National Bank (In Re Ward)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- Vieira v. Anna National Bank (In Re Messamore)United States Bankruptcy Court, S.D. Illinois · 2000
- Sheehan v. Valley National Bank (In Re Shreves)United States Bankruptcy Court, N.D. West Virginia · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Shapiro v. Homecomings Financial Network, Inc. (In Re Davis)United States Bankruptcy Court, E.D. Michigan · 2005
- Goodman v. Southern Horizon Bank (In Re Norsworthy)United States Bankruptcy Court, N.D. Georgia · 2007
- Encore Credit Corp. v. LimDistrict Court, E.D. Michigan · 2007
- George v. Argent Mortgage Co. (In Re Radbil)United States Bankruptcy Court, E.D. Wisconsin · 2007
9 more not listed; retrieve them via the Exa API.