Legal Opinion

Kirtley, Trustee v. Mabrey Bank

United States Bankruptcy Court, N.D. Oklahoma

Decided April 28, 2022No. 21-01012Unknown

1Opinion

IN THE UNITED STATES BANKRUPTCY COURT □□□ FOR THE NORTHERN DISTRICT OF OKLAHOMA Se ee IN RE: : i □□ □ 5 MICHEAL CLEVELAND RUDICK, Case No. 20-11918-M 2; □□ Chapter 7 Debtor. SCOTT P. KIRTLEY, TRUSTEE, Plaintiff, Adversary No. 21-01012-M MABREY BANK, Defendant. MEMORANDUM OPINION Bankruptcy trustees are given certain strong-arm powers under the Bankruptcy Code to collect non-exempt property of a debtor’s estate for distribution to unsecured creditors. Those powers are limited by creditors’ encumbrances properly placed on the property and perfected under state law prior to the bankruptcy…

2Cases cited9 opinions

  1. In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
  2. Morton Booth Co. v. Tiara Furniture, Inc.Supreme Court of Oklahoma · 1977
  3. Kinetics Technology International Corporation, a Delaware Corporation v. The Fourth National Bank of Tulsa, a National Banking AssociationCourt of Appeals for the Fourth Circuit · 1983
  4. In Re James Estil Atchison, Sr. & Ruth Atchison, Debtors. Merchants Bank v. James Estil Atchison, Sr. And Ruth AtchisonCourt of Appeals for the Eleventh Circuit · 1987
  5. Whatley v. Guaranty Bank & Trust CompanyCourt of Appeals for the Fifth Circuit · 1989

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