Legal Opinion
Clark v. Deere & Co. (In Re Kinderknecht)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided April 16, 2004No. BAP No. KS-03-085, Bankruptcy No. 02-20733-7, Adversary No. 02-6049PublishedCited by 6 opinions
1Opinion of the Court
OPINION
THURMAN, Bankruptcy Judge.
The Chapter 7 trustee timely appeals a final Judgment of the United States Bankruptcy Court for the District of Kansas in favor of Deere and Company and Deere Credit Services, Inc. (collectively, “Deere”), refusing to avoid Deere’s interests in the debtor’s property pursuant to 11 U.S.C. § 544(a)(1). 1 The parties have consented to this Court’s jurisdiction because they have not elected to have this appeal heard by the United States District Court for the District of Kansas. 2 Upon review of the entire record, including the Brief of Amicus Curiae Ron…
2Cases cited5 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- John K. Pearson, Trustee v. Salina Coffee House, Inc.Court of Appeals for the Tenth Circuit · 1987
- In Re Thriftway Auto Supply, Inc., Debtor, Citizens National Bank & Trust Co. v. Star Automotive Warehouse, Inc.Court of Appeals for the Tenth Circuit · 1994
- Clark v. Deere & Co. (In Re Kinderknecht)United States Bankruptcy Court, D. Kansas · 2003
3Cited by6 opinions
- In Re John's Bean Farm of Homestead, Inc.United States Bankruptcy Court, S.D. Florida. · 2007
- Drown v. ESB (In Re Farley)United States Bankruptcy Court, S.D. Ohio · 2008
- Genoa National Bank v. Southwest Implement, Inc. (In Re Borden)United States Bankruptcy Court, D. Nebraska · 2006
- Dewey Dennis PrestonUnited States Bankruptcy Court, D. Kansas · 2019
- First Community Bank v. Jones (In Re Silver Dollar, LLC)United States Bankruptcy Court, E.D. Tennessee · 2008
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