Legal Opinion

In Re Theodore Ted McCoy and Carolyn Brown McCoy Bankrupts, Mickey D. Wilson, Trustee v. General Motors Acceptance Corporation

Court of Appeals for the Tenth Circuit

Decided April 3, 1981No. 79-1216PublishedCited by 14 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

The bankruptcy trustee has appealed a district court judgment declaring bankrupt McCoy’s 1977 Cadillac automobile exempt from bankruptcy administration. The dis-positive issue below and in this appeal is whether the exemption granted under Oklahoma statute extends to the bankrupt’s equity interest in the automobile, or to the vehicle itself. The bankruptcy court held that the exemption applies to the equity interest. The district court reversed, holding that the exemption extends to the vehicle itself whenever the bankrupt’s equity interest is below the maximum…

2Cases cited2 opinions

  1. In re CummingsCourt of Appeals for the Tenth Circuit · 1969
  2. Dallas Ceramic Co. v. MorganSupreme Court of Oklahoma · 1977

3Cited by14 opinions

  1. Dewsnup v. Timm (In Re Dewsnup)United States Bankruptcy Court, D. Utah · 1988
  2. Hoyt v. United States Ex Rel. Small Business Administration (In Re Hoyt)United States Bankruptcy Court, S.D. Iowa · 1988
  3. In Re CassUnited States Bankruptcy Court, N.D. Oklahoma · 1989
  4. G. F. C. Corp. of Kansas v. Noland (In Re Noland)United States Bankruptcy Court, D. Kansas · 1981
  5. In Re WifordUnited States Bankruptcy Court, N.D. Oklahoma · 1989

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