Legal Opinion
In the Matter of Thomas Joseph Kerr, Wanda Sue Kerr, Bankrupts. F. Stannard Lentz, Trustee v. Bank of Independence
Court of Appeals for the Tenth Circuit
Decided May 21, 1979No. 77-2110PublishedCited by 18 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
This is an appeal by a trustee in bankruptcy from a district court order affirming a decision of the bankruptcy judge which held the Bank of Independence has a perfected lien on an automobile owned by the bankrupts, Thomas Joseph Kerr and Wanda Sue Kerr.
The sole issue on appeal is whether the bankruptcy judge and the district court properly construed Kansas law, particularly whether 1975 amendments to Kan.Stat. Ann. § 84-9-302(3)(c) should induce us to abandon the rule announced in Commerce Bank v. Chambers (In re Littlejohn), 519 F.2d 356 (10th Cir. 1975).
The Kerrs…
2Cases cited2 opinions
- In the Matter of Richard Eugene Littlejohn and Patricia Lee Littlejohn, Bankrupts. Commerce Bank, N. A. v. William R. Chambers, Trustee in BankruptcyCourt of Appeals for the Tenth Circuit · 1975
- In Re DobbinsDistrict Court, D. Kansas · 1973
3Cited by18 opinions
- Morris v. CIT Group/Equipment Financing, Inc.Court of Appeals for the Tenth Circuit · 2003
- Southwest National Bank v. Southworth (In Re Southworth)United States Bankruptcy Court, D. Kansas · 1982
- Associates Commercial Corp. v. Green (In Re Humphries)United States Bankruptcy Court, D. Utah · 1979
- Westenhoefer v. Navistar Financial Corp. (In re Daulton)District Court, E.D. Kentucky · 1993
- Chrystler v. International Harvester Credit Corp. (In re Cossairt)District Court, W.D. Michigan · 1984
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