Legal Opinion

Northrup v. Ben Thompson Enterprises (In Re Northrup)

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 29, 1998No. 19-10303PublishedCited by 4 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

Resolution .of the instant adversary proceeding (“the Proceeding”) requires this court to decide several issues regarding the nature and scope of the posessory lien of a motor vehicle repair person. We address and decide these issues as follows: (1) the repair person’s Hen is entitled to priority over purchase-money security interests; (2) a repair person has a Hen for only repairs effected to property, not for storage of the property, especiaHy when there is no contract to pay storage charges; and (3) the instant repair person is adequately…

2Cases cited42 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Witmer v. Exxon Corp.Supreme Court of Pennsylvania · 1981
  3. Germantown Manufacturing Co. v. RawlinsonSupreme Court of Pennsylvania · 1985
  4. Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
  5. Parks v. Mr. FordCourt of Appeals for the Third Circuit · 1977

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3Cited by4 opinions

  1. In Re BowkerUnited States Bankruptcy Court, D. New Jersey · 2000
  2. Jackson v. Marlette (In Re Jackson)United States Bankruptcy Court, D. Massachusetts · 2004
  3. In Re MatthewsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  4. Morgan, T. v. 3D Metal WorksSuperior Court of Pennsylvania · 2014

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