Legal Opinion
National City Bank v. Elliott (In Re Elliott)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided November 12, 1997No. BAP 97-8050PublishedCited by 28 opinions
1Opinion of the Court
OPINION
National City Bank appeals an order of the bankruptcy court denying its motion for relief from the automatic stay with respect to a 1989 Chevrolet Blazer. The bankruptcy court determined that the Elliotts retained the right to redeem the Blazer after it had been repossessed. A Chapter 13 debtor’s right to redeem a vehicle under section 1309.49 of the Ohio Revised Code constitutes a sufficient equitable interest to cause the vehicle to be property of the bankruptcy estate. The bankruptcy court’s holding is supported by applicable law and is hereby affirmed.
I. ISSUE ON APPEAL
Is a vehicle…
2Cases cited25 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- United States v. PelzerSupreme Court of the United States · 1941
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Hart v. Molino (In Re Molino)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Charles R. Hall Motors, Inc. v. LewisCourt of Appeals for the Eleventh Circuit · 1998
- United States v. Schottenstein, Zox & Dunn (In Re Unitcast, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
23 more not listed; retrieve them via the Exa API.