Legal Opinion
In Re Hutchins
United States Bankruptcy Court, D. Vermont
Decided January 30, 2009No. 08-10082PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
Overruling Creditor’s Objections to Confirmation
COLLEEN A. BROWN, Bankruptcy Judge.
Robert S. Hutchins (the “Debtor”) has proposed a Third Amended Plan which treats the claim of Tennessee Commerce Bank (“TCB” or “Creditor”) as unsecured, and TCB objects to confirmation asserting that it should be deemed to have a perfected security interest in the Western Star Dump Truck (the “Collateral”) it refinanced for the Debtor. TCB argues it was the Debtor’s failure to send it the certificate of title for the Collateral that caused its security interest to be unperfected, and…
2Cases cited19 opinions
- In Re Mary E. Johnson, Debtor. Mary E. Johnson v. Vanguard Holding CorporationCourt of Appeals for the Second Circuit · 1983
- In Re Robert E. Harris, Debtor, Robert E. Harris, Albany County Office, Mark Swimelar, TrusteeCourt of Appeals for the Second Circuit · 2006
- Norfolk & Dedham Fire Insurance v. Aetna Casualty & Surety Co.Supreme Court of Vermont · 1974
- Lamoille Grain Co. v. St. Johnsbury & Lamoille County RailroadSupreme Court of Vermont · 1976
- In Re KlevornUnited States Bankruptcy Court, N.D. New York · 1995
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3Cited by5 opinions
- In re GoodrichUnited States Bankruptcy Court, D. Vermont · 2018
- Tennessee Commerce Bank v. HutchinsDistrict Court, D. Vermont · 2009
- BMW Financial Services, NA v. Bill Heard Enterprises, Inc. (In Re Bill Heard Enterprises, Inc.)United States Bankruptcy Court, N.D. Alabama · 2010
- Bosley v. BAC Home Loan Servicing L.P. (In Re Bosley)United States Bankruptcy Court, D. Vermont · 2011
- Ally Bank v. StevensVermont Superior Court · 2026