Legal Opinion
Pierce v. Bank of the West (In Re Britt)
United States Bankruptcy Court, D. Arizona
Decided May 2, 2007No. Bankruptcy No. 0:06-bk-00123-RJH, Adversary No. 0:06-ap-00029-RJHPublishedCited by 1 opinion
1Opinion of the Court
OPINION GRANTING SUMMARY JUDGMENT IN FAVOR OF THIRD PARTY DEFENDANT BRADLEY CHEVROLET
RANDOLPH J. HAINES, Bankruptcy Judge.
This case concerns a car dealer’s warranty to provide its financing bank a “sole perfected first lien security interest in the vehicle to be conveyed to bank.” The question is whether this warranty is breached when the dealer perfects the lien after 30 days, the buyer files bankruptcy within 90 days, and the trustee avoids the lien as a preference.
The Court concludes the warranty was not breached because in fact the bank was provided a “sole perfected first lien security…
2Cases cited10 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Coder v. ArtsSupreme Court of the United States · 1909
- Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
- Nicholas Kassbaum, AKA Nick St. Nicholas v. Steppenwolf Productions, Inc. Steppenwolf, Inc. Joachim Fritz Kreudeldat, AKA John KayCourt of Appeals for the Ninth Circuit · 2000
- In Re: Thomas A. Greene, AKA Radiator Service, Inc., and Bobby Jean Greene, Debtors. Mbna America v. Jeffry G. Locke, TrusteeCourt of Appeals for the Ninth Circuit · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Warfield v. Santander Consumer USA, Inc. (In re Lloyd)United States Bankruptcy Court, D. Arizona · 2014