Legal Opinion
Leake v. Oakwood Acceptance Corp. (In Re Wuerzberger)
United States Bankruptcy Court, W.D. Virginia
Decided January 3, 2002No. 19-50164PublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER
ROSS W. KRUMM, Bankruptcy Judge.
Before the court is a motion for summary judgment to determine the lien interest in a mobile home of a party who admittedly assigned all of its interest in a lien to a securitization trust, but who also claims to have retained some modicum of legal title through the retention of the contractual right to service the loan and by the party’s name remaining noted as a lien-holder on the certificate of title.
BACKGROUND
Affiliates of Oakwood Acceptance Corporation (hereinafter Oakwood) make and sell mobile and manufactured homes. Financing is offered…
2Cases cited22 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- C. I. T. Corp. v. GuySupreme Court of Virginia · 1938
- Brewster of Lynchburg, Incorporated v. Dial CorporationCourt of Appeals for the Fourth Circuit · 1994
- Scott v. State Farm Mutual Automobile Insurance Co.Supreme Court of Virginia · 1961
- United States Casualty Co. v. BainSupreme Court of Virginia · 1951
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3Cited by3 opinions
- Bank of New York v. Leake (In Re Wuerzberger)United States Bankruptcy Court, W.D. Virginia · 2002
- Drake v. Franklin Equipment Co. (In Re Franklin Equipment Co.)United States Bankruptcy Court, E.D. Virginia · 2009
- DVI Financial Services, Inc. v. National Medical Imaging, LLC (In Re DVI, Inc.)United States Bankruptcy Court, D. Delaware · 2004