Legal Opinion

Westenhoefer v. PNC Bank (In Re Smallwood)

United States Bankruptcy Court, E.D. Kentucky

Decided January 22, 1997No. 19-20070Published

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the Court pursuant to an Agreed Order of Submission entered herein on December 6, 1996. The plaintiff and defendant PNC Bank (“the Bank”) have submitted briefs. The defendant debtors did not file an answer herein and a Default Judgment was entered in regard to them on September 16, 1996. This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F).

The Complaint, filed herein on July 16, 1996, alleges that the hen on the debtors’ automobile…

2Cases cited7 opinions

  1. 13 Collier bankr.cas.2d 586, Bankr. L. Rep. P 70,721 in the Matter of Thomas A. Tressler and Judy A. Tressler, Debtors. Union Bank & Trust Co., Erie v. R. Perrin Baker, Esq., Trustee and Thomas A. Tressler and Judy A. Tressler, Appeal of R. Perrin Baker, Trustee Above Named and CounterCourt of Appeals for the Third Circuit · 1985
  2. Long v. Joe Romania Chevrolet, Inc. (In Re Loken)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  3. In the Matter of Larson C. Locklin, Debtor. Jacob C. Pongetti, Trustee for the Estate of Larson Locklin v. General Motors Acceptance CorporationCourt of Appeals for the Fifth Circuit · 1996
  4. Fink v. Fidelity Financial Services, Inc. (In Re Beasley)United States Bankruptcy Court, W.D. Missouri · 1995
  5. Fitzgerald v. First Security Bank of Idaho, N.A. (In Re Walker)United States Bankruptcy Court, D. Idaho · 1993

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