Legal Opinion

In re Riddlesprigger

United States Bankruptcy Court, M.D. Alabama

Decided June 14, 2019No. Case No. 18-10615-WRSPublished

1Opinion of the Court

Because the Department of Revenue received a corrected application outside of the 30-day window to relate back to the original date of the lien, the Trustee contends it may avoid the secured claim and treat it as an unsecured debt. Conversely, Exeter Finance claims that this was a mere clerical error and that the Court should treat the claim as secured.

II. Law

A. Jurisdiction

This Court has subject-matter jurisdiction to hear this proceeding pursuant to *82728 U.S.C. § 1334(b). This is a core proceeding. 28 U.S.C. § 157(b)(2)(B). This is a final order.

B. Applicable Bankruptcy and State Law

1. Proof of…

2Cases cited19 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
  3. In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
  4. In the Matter of Wheaton Oaks Office Partners Limited Partnership, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  5. Gaudet v. Babin (In Re Zedda)Court of Appeals for the Fifth Circuit · 1997

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