Legal Opinion
Koresko v. Chase Manhattan Financial Services, Inc. (In Re Koresko)
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 4, 1988No. 16-15748PublishedCited by 23 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The instant adversary proceeding causes us to explore several issues which arise when borrower-debtors file a Chapter 13 bankruptcy case in the midst of a secured lender’s efforts to repossess and sell the Debtors’ personal automobile due to a payment delinquency. We conclude that, as long as the sale of the vehicle has not been consummated prior to the filing, the Debtors are empowered to recover the vehicle if they adequately protect the interests of the secured lender, and that clearly their interest in the auto is property of the…
2Cases cited39 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Delahanty v. First Pennsylvania Bank, N.A.Supreme Court of Pennsylvania · 1984
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Umbaugh Pole Building Co. v. ScottOhio Supreme Court · 1979
- Jones & Laughlin Steel Corp. v. Johns-Manville Sales Corp.Court of Appeals for the Third Circuit · 1980
34 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- Najafi v. Cabrini College (In Re Najafi)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Jordan v. Kent Recovery Services, Inc.District Court, D. Delaware · 1990
18 more not listed; retrieve them via the Exa API.