Legal Opinion

Bankr. L. Rep. P 71,503 Chandler Bank of Lyons v. David Jay Ray and Jerold E. Berger

Court of Appeals for the Tenth Circuit

Decided October 14, 1986No. 83-1271PublishedCited by 44 opinions

1Per curiam

This case involves the administration of a bankruptcy estate and the question of whether the Chandler Bank’s lien in collateral survives the debtor’s discharge in bankruptcy. The trial judge ruled that subsequent to the debtor’s discharge the creditor who has taken no action to preserve its pre-filing lien rights in the debt- or’s personal property does not have an in personam right against the debtor and is subject to being enjoined from enforcing his lien against the property of the debtor.

The Bank had filed an action in the Bankruptcy Court naming the debtor and seeking to reopen the case…

2Cases cited6 opinions

  1. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  2. Long v. BullardSupreme Court of the United States · 1886
  3. Long and Wife v. BullardSupreme Court of the United States · 1886
  4. Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers)United States Bankruptcy Court, D. Kansas · 1981
  5. In Re WilliamsUnited States Bankruptcy Court, D. Kansas · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Daniel Hoseman, Trustee v. Sidney WeinschneiderCourt of Appeals for the Seventh Circuit · 2003
  2. Walker v. M & M Dodge, Inc. (In Re Walker)United States Bankruptcy Court, W.D. Louisiana · 1995
  3. In Re MaylinUnited States Bankruptcy Court, D. Maine · 1993
  4. Adams v. Hartconn Associates, Inc. (In Re Adams)United States Bankruptcy Court, D. Massachusetts · 1997
  5. In Re McNeilUnited States Bankruptcy Court, E.D. Pennsylvania · 1991

39 more not listed; retrieve them via the Exa API.

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