Legal Opinion
In Re Cook
United States Bankruptcy Court, D. South Dakota
Decided March 29, 1991No. 19-01001PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
ACTION
Michael and Shirley Cook (“Debtors”) motioned to discharge chattel liens alleging the debt on chattels has been fully paid as required by their confirmed Chapter 11 Plan. Farmers Home Administration (“FmHA”) maintains its 11 U.S.C. § 1111(b) election (“1111(b) election”) precludes lien discharge because its collateral includes real estate and chattels irrespective of the Plan’s provisions and that the Court lacks jurisdiction. Based on the below enunciated analysis, the Court concludes it has jurisdiction and that FmHA’s encumbrances…
2Cases cited44 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Stoll v. GottliebSupreme Court of the United States · 1938
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- Langenkamp v. CulpSupreme Court of the United States · 1991
39 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schreiber v. United States, Department of the Treasury Internal Revenue Service (In Re Schreiber)United States Bankruptcy Court, N.D. Illinois · 1994
- United States Ex Rel. Farmers Home Administration v. CookDistrict Court, D. South Dakota · 1992
- In Re Miami Trucolor Offset Service Co.United States Bankruptcy Court, S.D. Florida. · 1995
- In re HunterUnited States Bankruptcy Court, D. South Dakota · 1992
- Body Transit, Inc. D/B/A Rascals FitnessUnited States Bankruptcy Court, E.D. Pennsylvania · 2020
1 more not listed; retrieve them via the Exa API.