Legal Opinion

Fitzgerald v. First Security Bank of Idaho (In Re Walker)

District Court, D. Idaho

Decided October 26, 1994No. CV 93-0498-E-EJL. Bankruptcy No. 92-02863-7. Adv. No. 93-6020PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM DECISION ON APPEAL

LODGE, Chief Judge.

First Security Bank of Idaho, N.A., has filed this appeal from the final judgment entered by the.Bankruptcy Court in favor of L.D. Fitzgerald, Trustee (“the Trustee”), and which deemed the Bank’s hen in the 1989 Ford Taurus to be void under 11 U.S.C. § 547(b) of the United States Bankruptcy laws. By permission of this court, the Idaho Automobile Dealers Association participated in the appeal as amicus curie. For the reasons set forth below, this court affirms the judgment of the Bankruptcy Court.

Facts and Procedural Background

The undisputed…

2Cases cited4 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Preston Guillory, Frank Ritter, and Ty Ritter v. County of OrangeCourt of Appeals for the Ninth Circuit · 1984
  3. Schieber v. Hooper (In Re Hooper)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  4. Jahn v. First Tennessee Bank of Chattanooga (In Re Burnette)United States Bankruptcy Court, E.D. Tennessee · 1981

3Cited by5 opinions

  1. Long v. Joe Romania Chevrolet, Inc. (In Re Loken)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. Agricultural Services, Inc. v. Fitzgerald (In Re Field)United States Bankruptcy Court, D. Idaho · 2001
  3. Fink v. Fidelity Financial Services, Inc. (In Re Beasley)United States Bankruptcy Court, W.D. Missouri · 1995
  4. Gugino v. Canyon Financial of Boise, Inc. (In Re Green)United States Bankruptcy Court, D. Idaho · 2009
  5. Torgenrud v. Missoula Federal Credit Union (In Re Reinertson)United States Bankruptcy Court, D. Montana · 1998

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