Legal Opinion
Southwest National Bank v. Southworth (In Re Southworth)
United States Bankruptcy Court, D. Kansas
Decided August 10, 1982No. 19-20268PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES A. PUSATERI, Bankruptcy Judge.
In this chapter 7 proceeding, Southwest National Bank seeks a modification of the automatic stay, bringing to issue a conflict of priorities with the trustee under 11 U.S.C. § 544.
The issues presented for determination are:
1. Is an assignment of a right to receive payment under a contract for deed of realty governed by Article 9 of the Uniform Commercial Code.
2. Can the trustee use his strong arm powers under 11 U.S.C. § 544 to establish priority in the right to receive payments under a contract for deed of realty.
3. How does a…
2Cases cited13 opinions
- Freeborn v. Seattle Trust & Savings BankWashington Supreme Court · 1980
- Black v. SullivanCalifornia Court of Appeal · 1975
- Ingram v. IngramSupreme Court of Kansas · 1974
- Fancher v. Carson-Campbell, Inc.Supreme Court of Kansas · 1975
- United States v. PS Hotel Corp.District Court, E.D. Missouri · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Castle Rock Industrial Bank v. S.O.A.W. Enterprises, Inc. (In Re S.O.A.W. Enterprises, Inc.)United States Bankruptcy Court, W.D. Texas · 1983
- D & F Petroleum v. Cascade Oil Co. (In Re Cascade Oil Co.)United States Bankruptcy Court, D. Kansas · 1986
- In Re J.D. ALLEN, Debtor. Kenneth L. SPEARS, Trustee, Plaintiff-Appellant, v. MICHIGAN NATIONAL BANK, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1989
- Nazar v. Southern (In Re Southern)United States Bankruptcy Court, D. Kansas · 1983
- Shuster v. Doane (In Re Shuster)District Court, D. Minnesota · 1985
12 more not listed; retrieve them via the Exa API.