In Re Lortz
United States Bankruptcy Court, C.D. Illinois
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Bankruptcy Judge.
This matter is before the Court on the motion for relief from the stay filed by FORD MOTOR CREDIT COMPANY (FMCC) and the objection by RICHARD E. BARBER, the Chapter 7 Trustee (TRUSTEE). The issue is whether a creditor that mistakenly releases its lien on a certificate of title to a motor vehicle and returns the title to the owner causes its security interest to become unperfected so as to be avoidable by a trustee in bankruptcy. A hearing was held on January 26, 2006, at which time the parties agreed to submit the matter for decision on a stipulation…
2Cases cited21 opinions
- In the Matter of Chaseley's Foods, Inc., D/B/A Vic's Super Foods, Debtor. Appeal of Daniel L. Freeland, TrusteeCourt of Appeals for the Seventh Circuit · 1984
- In Re Application of County TreasurerAppellate Court of Illinois · 1974
- Peterson v. ZieglerAppellate Court of Illinois · 1976
- Finance America Commercial Corp. v. Econo Coach, Inc.Appellate Court of Illinois · 1981
- First Galesburg National Bank & Trust Co. v. MartinAppellate Court of Illinois · 1978
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3Cited by5 opinions
- Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JPMorgan Chase Bank, N.A.Supreme Court of Delaware · 2014
- Mouton v. Toyota Motor Credit Corp. (In re Mouton)United States Bankruptcy Court, E.D. Arkansas · 2012
- Barber v. Reynolds Motor Leasing Co. ( in Re My Type, Inc.)United States Bankruptcy Court, C.D. Illinois · 2009
- Andrew Heath Alexander and Jennifer Lynn AlexanderUnited States Bankruptcy Court, D. Kansas · 2024
- Herrell v. DeCora (In Re DeCora)United States Bankruptcy Court, W.D. Wisconsin · 2008