Legal Opinion
Robin Browning Brock v. Branch Banking & Trust Co. (In Re Johnson)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided December 21, 2007No. 06-8055PublishedCited by 10 opinions
1Opinion of the Court
OPINION
MARCIA PHILLIPS PARSONS, Bankruptcy Judge.
In this pre-BAPCPA preference action, the trustee appeals the bankruptcy court’s ruling that the lien on the debtor’s motor vehicle was protected from avoidance by the enabling loan exception, which excepts from avoidance certain security interests perfected within 20 days of the debtor’s possession of the collateral. Although the security interest in this case was not actually perfected until it was noted on the vehicle’s certificate of title a month after the debtor obtained possession, the court concluded that the security interest was…
2Cases cited22 opinions
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Donna Cockrel v. Shelby County School DistrictCourt of Appeals for the Sixth Circuit · 2001
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
- Wicheff v. Baumgart (In Re Wicheff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. Branch Banking and Trust Co.Kentucky Supreme Court · 2010
- Ford Motor Credit Co. v. Morton (In Re Morton)Bankruptcy Appellate Panel of the Sixth Circuit · 2009
- Luper v. Guardian Finance Co. (In re McAlmont)United States Bankruptcy Court, S.D. Ohio · 2008
- In RE McALMONTUnited States Bankruptcy Court, S.D. Ohio · 2008
- Brock v. Branch Banking & Trust Co. (In Re Johnson)Court of Appeals for the Sixth Circuit · 2010
5 more not listed; retrieve them via the Exa API.