Legal Opinion
Mandrell v. Ford Motor Credit Co. (In Re Mandrell)
United States Bankruptcy Court, M.D. Tennessee
Decided June 21, 1985No. Bankruptcy No. 382-02992, Adv. No. 384-0308PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
This adversary proceeding presents the question reserved in earlier litigation in this same case: 1 What is the effect of a reaffirmation agreement made between the debtor and a creditor holding a voidable security interest? We hold that the debtor can recover payments made pursuant to a reaffirmation agreement where the security interest which served as the basis for reaffirmation is avoided by the trustee.
The following constitute findings of fact and conclusions of law. Bankruptcy Rule 7052. This is a core proceeding. 2
I
The facts have been…
2Cases cited13 opinions
- In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
- Simmons Et Ux. v. Evans Et UxTennessee Supreme Court · 1947
- Isaacs v. BokorTennessee Supreme Court · 1978
- Bigham v. MadisonTennessee Supreme Court · 1899
- Moyers v. GrahamTennessee Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Renwick v. Bennett (In re Bennett)Court of Appeals for the Ninth Circuit · 2002
- In Re MelendezUnited States Bankruptcy Court, D. Massachusetts · 1998
- Missoula Federal Credit Union v. Reinertson (In Re Reinertson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re BeatonUnited States Bankruptcy Court, N.D. Alabama · 1997
- In Re McGillUnited States Bankruptcy Court, D. South Carolina · 1986
7 more not listed; retrieve them via the Exa API.