Legal Opinion
In Re Hardin
United States Bankruptcy Court, E.D. Wisconsin
Decided September 11, 2007No. 19-21536PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION ON DEBTORS’ OBJECTION TO FORD MOTOR CREDIT COMPANY’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY
MARGARET DEE McGARITY, Chief Bankruptcy Judge.
When the debtors’ motor vehicle was totally destroyed by an insured and liable third party, Ford Motor Credit Company, the creditor that had a properly perfected security interest in the damaged car, filed a motion for relief from the automatic stay to allow it to apply insurance proceeds to its loan and release the lien. The debtors and the chapter 13 trustee opposed the relief, disputing Ford’s right to the proceeds to pay its…
2Cases cited13 opinions
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- First Fidelity Bank v. Raymond McAteer Helen McAteer Debtors. Robert M. Wood, Trustee. First Fidelity Bank, N.A.Court of Appeals for the First Circuit · 1993
- American Bankers Insurance Company of Florida, and United States Fidelity & Guaranty Company v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company, and American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B.Court of Appeals for the Fourth Circuit · 1996
- In Re: Tower Air, Inc., Debtor Charles A. Stanziale, Jr., Chapter 7 Trustee of Tower Air, Inc. v. Finova Capital CorporationCourt of Appeals for the Third Circuit · 2005
- United States v. HarcharDistrict Court, N.D. Ohio · 2007
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3Cited by2 opinions
- In re StrzeleckiUnited States Bankruptcy Court, W.D. Arkansas · 2014
- AUTOMOTIVE FINANCE CORPORATION v. DZ MOTORS, LLCDistrict Court, D. New Jersey · 2021