Legal Opinion

In Re Marlene Moffett, Debtor, Tidewater Finance Company, No. 03-1279. v. Marlene Moffett

Court of Appeals for the Fourth Circuit

Decided January 23, 2004No. 03-1279PublishedCited by 28 opinions

1Opinion of the Court

OPINION

WILKINSON, Circuit Judge:

Appellant Tidewater Finance Company lawfully repossessed Marlene Moffett’s vehicle because of Moffett’s failure to make her scheduled payments, and shortly thereafter Moffett filed a petition for Chapter 13 reorganization. Moffett demanded possession of the vehicle pursuant to the- automatic stay and turnover provisions of the Bankruptcy-Code, but Tidewater Finance sought relief from these provisions. The bankruptcy court, after ensuring that Tidewater Finance’s security interest in the vehicle was adequately protected in the bankruptcy plan, ordered Tidewater…

2Cases cited7 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Charles R. Hall Motors, Inc. v. LewisCourt of Appeals for the Eleventh Circuit · 1998
  4. Bell-Tel Federal Credit Union v. KalterCourt of Appeals for the Eleventh Circuit · 2002
  5. Anderson v. Associates Commercial Corp. (In Re Anderson)United States Bankruptcy Court, E.D. Virginia · 1983

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3Cited by28 opinions

  1. In Re: RCS Capital Development v.Court of Appeals for the Third Circuit · 2013
  2. Weber v. SEFCU (In Re Weber)Court of Appeals for the Second Circuit · 2013
  3. In Re: The Wallace & Gale Company, Debtor. Roy E. Jones Andrew R. Youngbar Louise Holcomb, Personal Representative of the Estate of Cossie Holcomb Robert M. Barber, Personal Representative of the Estate of Milton Barber, Intervenors-Plaintiffs-Appellants v. Liberty Mutual Insurance Company Hartford Insurance Company Continental Casualty Company Adriatic Insurance Company St. Paul Fire & Marine Insurance Company Granite State Insurance Company New Hampshire Insurance Company Travelers Casualty and Surety Company, and the Wallace & Gale Company Mayor of Baltimore City Council of Baltimore City American Employers Insurance Company International Insurance Company, the Aetna Casualty and Surety Company, Intervenor-Defendant. Porter Hayden Company Official Committee of Unsecured Creditors of Porter Hayden Official Committee of Unsecured Creditors of Acands, Incorporated Acands, Incorporated Jt Thorpe Company Celotex Asbestos Settlement Trust, Amici Supporting Complex Insurance Claims Litigation Association the American Insurance Association Certain Underwriters at Lloyd's, London, Amici Supporting in Re: The Wallace & Gale Company, Debtor. Roy E. Jones Andrew R. Youngbar Louise Holcomb, Personal Representative of the Estate of Cossie Holcomb Robert M. Barber, Personal Representative of the Estate of Milton Barber, Intervenors-Plaintiffs v. Travelers Casualty and Surety Company v. Liberty Mutual Insurance Company, and the Wallace & Gale Company Mayor of Baltimore City Council of Baltimore City Hartford Insurance Company Cna-Continental Casualty Company Adriatic Insurance Company St. Paul Fire & Marine Insurance Company American Employers Insurance Company International Insurance Company Granite State Insurance Company New Hampshire Insurance Company, the Aetna Casualty and Surety Company, Intervenor-DefendantCourt of Appeals for the Fourth Circuit · 2004
  4. Tidewater Finance Co. v. Curry (In Re Curry)Bankruptcy Appellate Panel of the Sixth Circuit · 2006
  5. Dean v. Carr (In re Dean)United States Bankruptcy Court, M.D. Pennsylvania · 2013

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