Legal Opinion
Deere v. Contella (In Re Contella)
United States Bankruptcy Court, W.D. New York
Decided April 14, 1994No. 1-15-11726PublishedCited by 25 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
On this motion for summary judgment, the issue presented to the Court is whether a consumer-debtor’s conversion of proceeds from the sale of secured assets gives rise to a liability that is per se nondischargeable.
Ross David Contella, the debtor herein, purchased a John Deere lawn and garden tractor, together with various accessories, on August 28, 1989. At the time of purchase, Mr. Contella executed a retail installment security agreement whereby he granted to the seller a purchase money security interest in the equipment. Because the collateral consisted of…
2Cases cited6 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Moore v. United StatesSupreme Court of the United States · 1895
- Itule v. Metlease, Inc. (In Re Itule)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Taylor v. Kaufmann (In Re Kaufmann)United States Bankruptcy Court, E.D. Wisconsin · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bombardier Capital, Inc. v. Dobek (In Re Dobek)United States Bankruptcy Court, N.D. Illinois · 2002
- Rupert v. Krautheimer (In Re Krautheimer)United States Bankruptcy Court, S.D. New York · 1997
- Bryant v. Tilley (In Re Tilley)United States Bankruptcy Court, D. Colorado · 2002
- Bundy American Corp. v. Blankfort (In Re Blankfort)United States Bankruptcy Court, S.D. New York · 1998
- Barristers Abstract Corp. v. Caulfield (In Re Caulfield)United States Bankruptcy Court, E.D. New York · 1996
20 more not listed; retrieve them via the Exa API.