Legal Opinion
Pitrat v. Morris (In Re Santa Fe Adobe, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided October 26, 1983No. BAP No. AZ-82-1482-AsAbE, Bankruptcy No. B 81-0050-PHX RM, Adv. No. 81-55PublishedCited by 8 opinions
1Opinion of the Court
OPINION
ASHLAND, Bankruptcy Judge:
INTRODUCTION
The Chapter 7 trustee appeals from a bankruptcy court order holding that the doctrine of res judicata barred his litigating the validity of a security interest in bankruptcy court. We reverse.
Before bankruptcy, the debtor and certain creditors entered into an agreement for the purchase and sale of a double axle tractor and trailer. By the terms of the agreement, creditors took a security interest in the vehicles and filed a financing statement with the Secretary of State of Arizona. Creditors took no further action to perfect their security…
2Cases cited5 opinions
- Montana v. United StatesSupreme Court of the United States · 1979
- In Re Minton Group, Inc.United States Bankruptcy Court, S.D. New York · 1983
- Wyle v. R.J. Reynolds Industries, Inc.Court of Appeals for the Ninth Circuit · 1983
- Dolphin Terminals v. Butts (In Re Hillstrom Shipbuilding Co.)United States Bankruptcy Court, D. Oregon · 1980
- Noble v. BonnettArizona Supreme Court · 1978
3Cited by8 opinions
- Golden Mortgage Fund 14 v. Kennedy (In Re Golden Triangle Capital, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Shuman v. McDonald (In Re Shuman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Freightliner Market Development Corp. v. Silver Wheel Freightlines, Inc.Court of Appeals for the Ninth Circuit · 1987
- BFC Chemicals, Inc. v. Smith-Douglass, Inc.District Court, E.D. North Carolina · 1985
- Maloney v. American National Bank (In re Terkeltaub)United States Bankruptcy Court, D. Connecticut · 1990
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