Legal Opinion
In Re Delwin J. Walker and Billie Janiece Walker, Debtors. L.D. Fitzgerald, Trustee v. First Security Bank of Idaho, N.A.
Court of Appeals for the First Circuit
Decided February 26, 1996No. 94-36182PublishedCited by 16 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
This case presents a straightforward question which has given rise to a split in the federal circuit courts: in bankruptcy, does the Bankruptcy Code’s definition of when the transfer is perfected trump state law as to when a transfer is perfected?
We answer the question affirmatively, as has the Fifth Circuit, Matter of Hamilton, 892 F.2d 1230 (5th Cir.1990) but contrary to In re Hesser, 984 F.2d 345 (10th Cir.1993), which followed In re Busenlehner, 918 F.2d 928 (11th Cir.1990). A split exists as well among the bankruptcy courts of this circuit. In re Loken, 175 B.R. 56,…
2Cases cited4 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Long v. Joe Romania Chevrolet, Inc. (In Re Loken)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
3Cited by16 opinions
- Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
- Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)Court of Appeals for the Ninth Circuit · 2009
- In the Matter of Larson C. Locklin, Debtor. Jacob C. Pongetti, Trustee for the Estate of Larson Locklin v. General Motors Acceptance CorporationCourt of Appeals for the Fifth Circuit · 1996
- Wood v. Bright (In Re Bright)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Agricultural Services, Inc. v. Fitzgerald (In Re Field)United States Bankruptcy Court, D. Idaho · 2001
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