Rodgers v. Schneider (In Re Laguna Beach Motors, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JONES, Bankruptcy Judge:
OVERVIEW
The trial court held that the defendant in this preference action gave “new value” by executing a vehicle certificate of title in return for payment for a vehicle that the defendant had given to the debtor to sell and which the debtor had sold to a third party. The trustee argues that the sale to the third party transferred title to the vehicle and cut off the rights of the defendant in the vehicle. Thus, the trustee asserts that the defendant’s execution of the certificate of title did not constitute. new value. We agree with the trustee and reverse.
FACT…
2Cases cited7 opinions
- 20 Collier bankr.cas.2d 19, Bankr. L. Rep. P 72,385, 7 Ucc rep.serv.2d 656 in Re Bellanca Aircraft Corporation, Debtor (Three Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation, (Two Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas CorporationCourt of Appeals for the Eighth Circuit · 1988
- Murray Drabkin, Trustee v. A.I. Credit Corporation, (Two Cases)Court of Appeals for the D.C. Circuit · 1986
- A.I. Credit Corp. v. Drabkin (In Re Auto-Train Corp.)District Court, District of Columbia · 1985
- Security Pacific National Bank v. GoodmanCalifornia Court of Appeal · 1972
- Kenny v. ChristiansonCalifornia Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re CohenUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc. v. Travelers Indemnity Co. (In Re Maxwell Newspapers, Inc.)United States Bankruptcy Court, S.D. New York · 1996
- In Re Robert J. FUTORAN, Debtor. Robert J. FUTORAN, Appellant, v. Max H. RUSH, Trustee in Bankruptcy, AppelleeCourt of Appeals for the Ninth Circuit · 1996
- Brasher's Cascade Auto Auction v. Valley Auto Sales & LeasingCalifornia Court of Appeal · 2004
- Plotkin v. Pomona Valley Imports, Inc. (In re Plotkin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
2 more not listed; retrieve them via the Exa API.