Legal Opinion
Stedman v. Webb (In Re Stedman)
United States Bankruptcy Court, W.D. New York
Decided July 5, 2001No. 1-10-11340PublishedCited by 4 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
On this motion for summary judgment, the central issue is whether a secured creditor may pursue a deficiency claim for the balance due after its liquidation of collateral through a private sale that was commercially unreasonable, in derogation of the requirements of section 9-504 of the Uniform Commercial Code.
Prior to the filing of their bankruptcy petition, Richard and Irene Stedman were owners of a fifty percent interest in Tree Technology Systems, Inc. (hereafter “Tree Technology”). This corporation was engaged in the business of administering pesticides to…
2Cases cited9 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
- Central Budget Corp. v. GarrettAppellate Division of the Supreme Court of the State of New York · 1975
- Security Trust Co. v. ThomasAppellate Division of the Supreme Court of the State of New York · 1977
- General Electric Credit Corp. v. Durante Bros. & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
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3Cited by4 opinions
- Coxall v. Clover Commercial Corp.Civil Court of the City of New York · 2004
- In Re SCHWALBUnited States Bankruptcy Court, D. Nevada · 2006
- Central National Bank v. ButlerAppellate Division of the Supreme Court of the State of New York · 2002
- ESL Federal Credit Union v. BoveeNew York Supreme Court · 2005