Legal Opinion
Stevenson v. Leisure Guide of America, Inc. (In Re Shelton Harrison Chevrolet, Inc.)
Court of Appeals for the Sixth Circuit
Decided January 31, 2000No. 98-6537PublishedCited by 2 opinions
1Opinion of the CourtRyan, J., joined by Moore, J.,
JOHN R. GIBSON, J. (pp. 838-39), delivered a separate dissenting opinion.
OPINION
RYAN, Circuit Judge.
The issue in this case is whether, under the “contemporaneous exchange” exception to a bankruptcy trustee’s avoidance powers pursuant to 11 U.S.C. § 547 (1993), a document called a Manufacturer’s Statement of Origin (MSO) has “new value” *836when it is delivered to the purchaser of a new vehicle more than a week after the purchaser pays for the vehicle.
We hold that, in this case at least, the MSO did not itself have “new value” and reverse the judgment of the district court.
I
Shelton Harrison…
2Cases cited4 opinions
- In Re BarefootCourt of Appeals for the First Circuit · 1991
- In Re Kenneth Neil Pitman and Patricia Roberts Pitman, Debtors. Robert H. Waldschmidt, Trustee v. Mid-State Homes, Inc., and Jim Walter Homes, Inc.Court of Appeals for the Sixth Circuit · 1988
- Couch v. CockroftCourt of Appeals of Tennessee · 1972
- In Re Larbar Corporation, Debtor. Kentucky Central Insurance Company v. Robert J. Brown, Trustee United States of America, on Behalf of the Internal Revenue Service Liberty National Bank of Lexington Commonwealth of Kentucky United States TrusteeCourt of Appeals for the Sixth Circuit · 1999
3Cited by2 opinions
- In Re: Shelton Harrison Chevrolet, Inc., Debtor. George W. Stevenson, Trustee for Shelton Harrison Chevrolet, Inc. v. Leisure Guide of America, Inc., D/B/A Leisure VansCourt of Appeals for the Sixth Circuit · 2000
- Moyer v. Rosich (In re Rosich)United States Bankruptcy Court, W.D. Michigan · 2016