Legal Opinion
In re Phelps
United States Bankruptcy Court, E.D. Virginia
Decided August 7, 1995No. Bankruptcy No. 95-20420-BPublishedCited by 3 opinions
1Opinion of the Court
*657MEMORANDUM OPINION
DOUGLAS O. TICE, Jr., Bankruptcy Judge.
This proceeding comes before the court on debtors’ objection to Cénit Bank’s unsecured proof of claim for a deficiency following the sale of collateral. The issue is whether Cen-it’s notice of a private sale of a repossessed collateral complied with section 8.9-504 of the Virginia Code. For the reasons stated in this opinion, the objection will be overruled and the claim allowed.
FINDINGS OF FACT
In March 1984, Cénit loaned money to debtors for the purchase of a Bayliner vessel. The loan was secured by a purchase money security interest…
2Cases cited12 opinions
- Wilmington Trust Co. v. ConnerSupreme Court of Delaware · 1980
- Chemlease Worldwide Inc. v. Brace, Inc.Supreme Court of Minnesota · 1983
- Citizens State Bank v. SparksNebraska Supreme Court · 1979
- Allard v. Ford Motor Credit Co.Supreme Court of Vermont · 1980
- Associates Financial Services Co., Inc. v. DiMarcoSuperior Court of Delaware · 1978
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3Cited by3 opinions
- Chisolm v. TranSouth Financial Corp.District Court, E.D. Virginia · 2000
- American General Financial Services, Inc. v. Woods-WitcherCourt of Appeals of Georgia · 2008
- SunTrust Bank v. HowardAppellate Division of the Supreme Court of the State of New York · 2019