Legal Opinion
Merchants Recovery Service, Inc. v. Egbe (In Re Egbe)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided November 30, 1989No. BAP No. CC-88-1209-JMeMo, Bankruptcy No. LA X 87-53321 GMPublishedCited by 6 opinions
1Opinion of the Court
JONES, Bankruptcy Judge:
The Appellant appeals the bankruptcy court’s confirmation of the Debtor’s Chapter 13 Plan treating Appellant as an unsecured creditor. WE REVERSE.
PACTS
The Debtor, Andrew Gray Egbe, financed the purchase of a 1983 Mercedes automobile with California Federal Savings and Loan Association (“California Federal”). Along with this financing transaction, the Debtor executed and delivered a security agreement to California Federal which expressly granted it the rights of a secured creditor with cumulative rights and remedies under the California Commercial Code.
The Debtor…
2Cases cited5 opinions
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Ravizza v. Budd & Quinn, Inc.California Supreme Court · 1942
- In Re MaldonadoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
3Cited by6 opinions
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- Texas American Oil Corporation v. United States Department of EnergyCourt of Appeals for the Federal Circuit · 1994
- In Re HarrisUnited States Bankruptcy Court, S.D. California · 1990
- Kuhn v. Wagnon (In Re Kuhn)United States Bankruptcy Court, D. Kansas · 2009
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