Legal Opinion
McRoberts v. Transouth Financial (In Re Bell)
United States Bankruptcy Court, S.D. Illinois
Decided April 1, 1996No. 19-30263PublishedCited by 31 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
The Chapter 13 cases under consideration present a common factual scenario. In each case, the debtor borrowed money prior to bankruptcy to purchase a vehicle and granted the creditor a security interest in the vehicle. The creditor’s lien, however, was never recorded on the vehicle’s certificate of title. The debtor then filed for relief under Chapter 13 of the Bankruptcy Code, and the Chapter 13 trustee brought an action under 11 U.S.C. § 644(a)(1) to avoid the Ken as an unperfeeted security interest.
While the defendant creditors raise various…
2Cases cited15 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
- In re PenrodCourt of Appeals for the Seventh Circuit · 1995
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
- Freeman v. Eli Lilly Federal Credit Union (In Re Freeman)United States Bankruptcy Court, E.D. Virginia · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000
- Helms v. Metro. Life Ins. Co. (In re O'Malley)United States Bankruptcy Court, N.D. Illinois · 2019
- Hunter v. Bank of New York (In Re Anderson)United States Bankruptcy Court, N.D. Ohio · 2001
- Rice v. First Arkansas Valley Bank (In Re May)United States Bankruptcy Court, E.D. Arkansas · 2004
- Eisen v. Allied Bancshares Mortgage Corp. LLC (In Re Priest)United States Bankruptcy Court, N.D. Ohio · 2000
26 more not listed; retrieve them via the Exa API.