Legal Opinion
In Re DiPasquale
United States Bankruptcy Court, D. Rhode Island
Decided September 18, 1989No. Bankruptcy 8800420PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Smithfield Diesel & Transmission Repair, Inc. ("Smithfield Diesel”) moves this Court for relief from the automatic stay in order to sell the debtor’s Caterpillar crawler/loader, which has been in Smithfield Diesel’s possession since April or May, 1986. Jason Monzack, Esq., the Chapter 7 Trustee, objects to this motion and argues that his lien as Trustee, under 11 U.S.C. §§ 544 and 545(2), is superior to that of Smithfield Diesel, which he characterizes as a “combination common law/statutory lien.” Agreeing that the facts are not in…
2Cases cited9 opinions
- Associates Financial Services Co. v. O'DellSupreme Court of Pennsylvania · 1980
- Nickell v. LambrechtMichigan Court of Appeals · 1970
- Gordon v. SullivanCourt of Appeals for the D.C. Circuit · 1951
- Ellison v. ScheffskyWashington Supreme Court · 1926
- Brown v. PetersenCourt of Appeals for the D.C. Circuit · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re ShannonUnited States Bankruptcy Court, N.D. Illinois · 2018
- Sunflower Compress v. Julien Co. (In Re Julien Co.)United States Bankruptcy Court, W.D. Tennessee · 1992
- Case v. BogosianSupreme Court of Rhode Island · 1998
- Case v. Bogosian, 92-0763 (1996)Superior Court of Rhode Island · 1996