In Re Winer
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON MOTION OBJECTING TO CLAIM OF PEOPLES NATIONAL BANK
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The Chapter 13 debtors in this case object to the claim filed by Peoples National Bank based on a deficiency remaining after a sale of collateral which the debtors contend was not a commercially reasonable sale under Article 9 of the Uniform Commercial Code. The debtors’ objection is directed towards the failure of the bank to notify them of the auction and the small return realized by the sale in relation to the market value of the collateral sold. The bank claims that the debtors waived their…
2Cases cited25 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- City of New York v. StateNew York Court of Appeals · 1976
- Da Silva v. MussoNew York Court of Appeals · 1981
- United States v. Daniel Gerard, United States of America v. Harold Eugene GoldsteinCourt of Appeals for the Ninth Circuit · 1974
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3Cited by10 opinions
- Shawmut Bank, N.A. v. ChaseMassachusetts Appeals Court · 1993
- Matter of LampertUnited States Bankruptcy Court, W.D. Wisconsin · 1986
- In Re Emergency Beacon Corp.District Court, S.D. New York · 1985
- Siemens Credit Corp. v. Marvik Colour, Inc.District Court, S.D. New York · 1994
- Diefenbaugh v. RachowNebraska Supreme Court · 1993
5 more not listed; retrieve them via the Exa API.