Legal Opinion
Weill v. United Bank of Chattanooga (In Re Poteet)
United States Bankruptcy Court, E.D. Tennessee
Decided August 13, 1980No. Bankruptcy No. 1-80-00083, Adversary Proceeding No. 1-80-0104PublishedCited by 8 opinions
1Opinion of the Court
INTRODUCTION
RALPH H. KELLEY, Bankruptcy Judge.
The plaintiff-trustee filed a complaint alleging that the defendant-bank perfected a security interest in the debtor’s property within 90 days before bankruptcy and thereby received a “preferential transfer”, which the trustee can avoid under § 547 of the Bankruptcy Code. 11 U.S.C. § 547 (1979).
The controversy involves a lien which was to be noted on a certificate of title to a trailer owned by the debtor. Normally the lien would have been perfected, at the latest, when the application for a certificate of title with the lien noted was received by…
2Cases cited15 opinions
- McMillin v. First National Bank & Trust Co.District Court, W.D. Oklahoma · 1975
- In Re KelleyUnited States Bankruptcy Court, E.D. Tennessee · 1980
- In Re CrossonDistrict Court, E.D. Tennessee · 1963
- In Re WallaceDistrict Court, E.D. Tennessee · 1966
- Personal Loan & Finance Corp. of Memphis v. Guardian Discount Co.Tennessee Supreme Court · 1960
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ford Motor Credit Co. v. Ken Gardner Ford Sales, Inc. (In Re Ken Gardner Ford Sales, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1981
- Jahn v. First Tennessee Bank of Chattanooga (In Re Burnette)United States Bankruptcy Court, E.D. Tennessee · 1981
- Brown v. Callaway Bank (In Re Meritt)United States Bankruptcy Court, W.D. Missouri · 1980
- Keep Fresh Filters, Inc. v. ReguliCourt of Appeals of Tennessee · 1994
- Waldschmidt v. Miracle Motors (In Re Haynes)United States Bankruptcy Court, M.D. Tennessee · 1983
3 more not listed; retrieve them via the Exa API.