Legal Opinion
Fogler v. Casa Grande Cotton Finance Co. (In Re Allen)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 4, 1991No. BAP No. AZ-90-1980-JVAs, Bankruptcy No. B-88-3797-PHX-RGM, Adv. No. 89-861PublishedCited by 3 opinions
1Opinion of the Court
OPINION
Before JONES, VOLINN and ASHLAND, Bankruptcy Judges. JONES, Bankruptcy Judge:
The bankruptcy court granted summary judgment for the bankruptcy trustee in an adversary suit asserting strong-arm powers, holding that a secured party had failed to perfect its security interest in a note and deed of trust by failing to take possession of the instruments. The secured party appeals. We reverse and remand.
BACKGROUND
Debtors Arthur and Peggy Allen (“the Allens”) owned a half-interest in certain real property in Maricopa County, Arizona. On June 25,1986, the Allens sold their half-interest to the…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
- Hasset v. Blue Cross & Blue Shield (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1985
- In Re: Daniels-Head & AssociatesCourt of Appeals for the Ninth Circuit · 1987
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3Cited by3 opinions
- Federal Deposit Insurance v. Kipperman (In Re Commercial Money Center, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re After Six, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1995
- SGE Mortgage Funding Corp. v. Accent Mortgage Services, Inc. (In Re SGE Mortgage Funding Corp.)United States Bankruptcy Court, M.D. Georgia · 2001