Legal Opinion

Davis v. Charlies Cars, Inc. (In Re Cruth)

United States Bankruptcy Court, D. Kansas

Decided September 29, 2005No. 19-20254PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

Trustee Carl Davis filed this adversary proceeding to avoid the lien of Charlie’s Cars, Inc. in a 1994 Buick Park Avenue as a preferential transfer under 11 U.S.C. § 547(b). 1 Because the car was claimed exempt by the debtor, the Trustee also seeks a determination of the parties’ respective rights in it. The debtor is in default of answer. The Trustee and Charlie’s Cars submitted this matter to the Court on stipulated facts 2 and briefs. 3 The Trustee timely filed his brief, but Charlie’s Cars filed no response or brief in support of its…

2Cases cited3 opinions

  1. Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
  2. In the Matter of Thomas Joseph Kerr, Wanda Sue Kerr, Bankrupts. F. Stannard Lentz, Trustee v. Bank of IndependenceCourt of Appeals for the Tenth Circuit · 1979
  3. Gonzales v. DPI Food Products Co. (In Re Furrs Supermarkets, Inc.)United States Bankruptcy Court, D. New Mexico · 2003

3Cited by3 opinions

  1. Redmond v. MHC Financial Services, Inc. (In Re Barker)United States Bankruptcy Court, D. Kansas · 2007
  2. AmeriCredit Financial Services, Inc. v. Padgett (In Re Padgett)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
  3. AmeriCredit Financial Services, Inc. v. Padgett (In Re Padgett)Bankruptcy Appellate Panel of the Tenth Circuit · 2009

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