Legal Opinion
General Motors Acceptance Corp. v. Martella (In Re Martella)
United States Bankruptcy Court, D. Colorado
Decided August 19, 1982No. 16-10925PublishedCited by 24 opinions
1Opinion of the Court
MINUTES OF HEARING, FINDINGS, CONCLUSIONS, AND ORDER ON COMPLAINT FOR RELIEF FROM STAY
JOHN F. McGRATH, Bankruptcy Judge.
The matter before the Court is a Complaint for Relief from Stay. General Motors Acceptance Corporation (GMAC) seeks relief from stay to foreclose on the Debtor’s 1978 Renault. The Trustee filed an Answer and Counterclaim contending that GMAC’s security interest in the Debtor’s car was a voidable preference. A hearing on the matter was held on March 22, 1982.
The facts are as follows. On September 30, 1981, the Debtor purchased a used 1978 Renault-from Frontier Chevrolet. On…
2Cases cited3 opinions
- Dean v. DavisSupreme Court of the United States · 1917
- Ray v. Security Mutual Finance Corp. (In Re Arnett)United States Bankruptcy Court, E.D. Tennessee · 1981
- Ray v. Security Mutual Finance Corp. (In Re Arnett)District Court, E.D. Tennessee · 1982
3Cited by24 opinions
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- In Re David Larry Davis, Debtor. Charles A. Gower, Trustee v. Ford Motor Credit Company and Maxwell Ford Tractor, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Waldschmidt v. Ford Motor Credit Co. (In Re Murray)United States Bankruptcy Court, M.D. Tennessee · 1983
- Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
- Dye v. Rivera (In Re Marino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
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