Legal Opinion
Bezanson v. Indian Head Bank & Trust Co. (In Re Howell)
United States Bankruptcy Court, D. Maine
Decided March 11, 1983No. 15-20181PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
FREDERICK A. JOHNSON, Bankruptcy Judge.
In this adversary proceeding, the court faces the familiar situation in which a Maine resident purchases a motor vehicle, executes a security agreement, and obtains a certificate of title in New Hampshire, but, with the tacit permission of the secured party, immediately removes the motor vehicle to Maine. The trustee asserts that, in this situation, the lender’s security interest is unperfected and that he has priority as a hypothetical lien creditor from the date of the petition.
On August 25, 1978, the debtor, A. Ervin Howell, signed…
2Cases cited3 opinions
- General Motors Acceptance Corporation v. E. Mullins Whisnant, Trustee in Bankruptcy of John Chesley Fanjoy, Jr., BankruptCourt of Appeals for the Fifth Circuit · 1968
- In Re Richard Lee McClintock Bankrupt. Edward W. Szczepanski, Jr., Trustee-Appellant v. General Motors Acceptance Corporation, in Re Paul Jean Portman, Jr., Bankrupt. Edward W. Szczepanski, Jr. v. Ford Motor Credit CompanyCourt of Appeals for the Fifth Circuit · 1977
- McClintock v. General Motors Acceptance CorporationSupreme Court of Georgia · 1978
3Cited by4 opinions
- Rieser v. Randolph County Bank (In Re Masters)United States Bankruptcy Court, S.D. Ohio · 1992
- VTCC, Inc. v. Brown (In Re Brown)United States Bankruptcy Court, W.D. Missouri · 1985
- General Motors Acceptance Corp. v. Roach (In Re Roach)United States Bankruptcy Court, E.D. Missouri · 1990
- Howison v. Rockport National Bank (In Re Crowley)United States Bankruptcy Court, D. Maine · 1984