Legal Opinion
EVCCO Leasing Corp. v. Ace Trucking Co.
Court of Appeals for the Third Circuit
Decided September 3, 1987No. 86-5734PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
This is an appeal from a district court’s affirmance of a bankruptcy court’s judgment voiding a creditor’s execution lien upon realty. We must resolve two closely related questions: first, the proper construction of a New Jersey statute requiring levy and execution upon a debtor’s personalty, even of little value, before realty; and second, whether, if a creditor has not complied with the statute, certain conduct of the debtor may be held to constitute a waiver or forfeit of the right to raise the noncompliance as a defense to the creditor’s lien upon…
2Cases cited29 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Barber v. PageSupreme Court of the United States · 1968
- Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
24 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Paradise Hotel Corporation D/B/A Pineapple Beach Resort v. Bank of Nova ScotiaCourt of Appeals for the Third Circuit · 1988
- Premack v. J.C.J. Ogar, Inc.District Court, E.D. Pennsylvania · 1993
- In Re ZiyambeUnited States Bankruptcy Court, D. New Jersey · 1996
- In Re LittleUnited States Bankruptcy Court, D. New Jersey · 1996
- In Re ManganoUnited States Bankruptcy Court, D. New Jersey · 2000
14 more not listed; retrieve them via the Exa API.