Legal Opinion
Weems v. Winston (In Re Payne)
United States Bankruptcy Court, E.D. Tennessee
Decided July 27, 1988No. Bankruptcy No. 1-84-02227, Adv. No. 1-87-0226PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
The chapter 7 trustee has filed this action to avoid an unperfected security interest in a 1982 Ford Escort automobile purchased by the debtor from the defendant. Crucial to the trustee’s case is a finding that the 1982 Ford Escort constitutes property of the estate. An analysis of the appropriate provisions of the Bankruptcy Code leads this court to conclude that the automobile is not property of the estate and therefore not subject to the trustee’s avoiding powers.
This is a core proceeding. 28 U.S.C.A. § 157(b)(2)(A) and (K) (West Supp.1988).
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2Cases cited15 opinions
- In Re LennonUnited States Bankruptcy Court, N.D. Georgia · 1986
- Kepler v. Independence Bank of Madison (In Re Ford)United States Bankruptcy Court, W.D. Wisconsin · 1986
- Winchester v. Watson (In Re Winchester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
- In Re BullockUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
- In Re LepperUnited States Bankruptcy Court, D. Maryland · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Winom Tool and Die, Inc.United States Bankruptcy Court, E.D. Michigan · 1994
- Robb v. Lybrook (In Re Lybrook)United States Bankruptcy Court, N.D. Indiana · 1989
- In Re HargisUnited States Bankruptcy Court, E.D. Tennessee · 1989
- United States v. Swenson (In Re Swenson)United States Bankruptcy Court, E.D. California · 2008
- In Re MannUnited States Bankruptcy Court, D. Vermont · 1993