Legal Opinion
McCarthy v. BMW Bank of North America (In Re Dorton)
District Court, District of Columbia
Decided August 8, 2006No. Civil Action 05-1409 (GK)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
KESSLER, District Judge.
Appellant Kevin R. McCarthy, the Chapter 7 trustee (“Trustee”), appeals a judgment from the United States Bankruptcy Court for the District of Columbia dismissing his adversary proceeding. The Bankruptcy Court held that the security interest in a 2000 BMW 328i of Appellee BMW Bank of North America (“BMW”) was not avoidable under 11 U.S.C. § 547 and entered judgment consistent with its decision on June 21, 2005.
This matter is before the Court on the Trustee’s appeal of the Bankruptcy Court’s judgment, [#2]. Upon consideration of the parties’ briefs and…
2Cases cited11 opinions
- Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
- Howard v. Railway Co.Supreme Court of the United States · 1880
- In Re St. Charles Preservation Investors, Ltd.District Court, District of Columbia · 1990
- Walkup v. BardsleyCourt of Appeals for the Eighth Circuit · 1940
- Internal Revenue Service v. District of Columbia (In Re WPG, Inc.)District Court, District of Columbia · 2002
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3Cited by2 opinions
- McCarthy v. BMW Bank of North AmericaCourt of Appeals for the D.C. Circuit · 2007
- In Re DrakeDistrict Court, District of Columbia · 2006