Legal Opinion
In Re: Tower Air, Inc., Debtor Charles A. Stanziale, Jr., Chapter 7 Trustee of Tower Air, Inc. v. Finova Capital Corporation
Court of Appeals for the Third Circuit
Decided February 10, 2005No. 03-3101PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal by Charles Stanziale, the Chapter 7 trustee (“the Trustee”) of debt- or Tower Air, Inc., presents a question of first impression for us: whether a secured creditor in a Chapter 7 bankruptcy may recover the insurance proceeds intended to pay for damage to its collateral, while retaining the fully repaired collateral. We conclude that, under the circumstances of this case, it can. More specifically, we are satisfied that, under the language of section 9-306 of the Arizona Uniform Commercial Code (UCC) in effect at the relevant times,…
2Cases cited22 opinions
- In Re: William Engel, Debtor. Ferrara & Hantman Robert J. Hantman v. Jesus Antonio Alvarez Theodore J. Liscinski, Jr., Trustee United States TrusteeCourt of Appeals for the Third Circuit · 1997
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- United Virginia Bank Kanawha Valley Bank, N.A. The Charleston National Bank v. Slab Fork Coal Company, in Re Slab Fork Coal Company, DebtorCourt of Appeals for the Fourth Circuit · 1986
- Airwork Corp. v. Markair Express, Inc. (In Re Markair Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Taylor Rental Corporation v. J.I. Case Company, D/B/A Case Power and EquipmentCourt of Appeals for the Eleventh Circuit · 1985
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re Philadelphia Newspapers, LLCCourt of Appeals for the Third Circuit · 2010
- In Re Goody's Family Clothing Inc.Court of Appeals for the Third Circuit · 2010
- Liberty Lincoln-Mercury, Inc. v. Ford Motor Co.Court of Appeals for the Third Circuit · 2012
- Helms v. Certified Packaging Corp.Court of Appeals for the Seventh Circuit · 2008
- 106 North Walnut, LLC v. 106 North Walnut, LLCCourt of Appeals for the Third Circuit · 2011
19 more not listed; retrieve them via the Exa API.