Legal Opinion

Krigel v. Sterling National Bank (In Re Ward)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided February 8, 1999No. BAP 98-6063WMPublishedCited by 29 opinions

1Opinion of the Court

EDMONDS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s decision that the debtor’s transfer of a security interest in her car to Sterling National Bank (Sterling) was avoidable as a preference under the Bankruptcy Code. We reverse. We do so based upon application of the earmarking doctrine, a theory of the case never presented to the bankruptcy court.

I. FACTS

In 1996, Marilyn Kaye Ward (Ward) obtained a loan from Arcadia Financial, LTD (Arcadia) to buy a 1995 Dodge Intrepid automobile. Ward granted Arcadia a security interest in the car. Arcadia perfected its security interest,…

2Cases cited13 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Singleton v. WulffSupreme Court of the United States · 1976
  4. Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury TruckingCourt of Appeals for the Eighth Circuit · 1991
  5. Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997

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3Cited by29 opinions

  1. Wendover Financial Services v. Hervey (In Re Hervey)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  2. Stingley v. AlliedSignal, Inc. (In Re Libby International, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  3. Vieira v. Anna National Bank (In Re Messamore)United States Bankruptcy Court, S.D. Illinois · 2000
  4. Robert L. v. Danzig (In Re Howard J.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  5. Sheehan v. Valley National Bank (In Re Shreves)United States Bankruptcy Court, N.D. West Virginia · 2001

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