Legal Opinion

Missoula Federal Credit Union v. Reinertson (In Re Reinertson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 2, 1999No. BAP No. MT-98-1674-BHaP. Bankruptcy No. 97-30214-7. Adversary No. 97-00062PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

The Chapter 7 trustee filed an adversary proceeding to avoid as a preference Missoula Federal Credit Union’s (“MFCU”) belatedly-perfected security interest in the debtors’ vehicle. In a counterclaim to MFCU’s third party complaint filed within that action, debtors asked the court to relieve them of their obligations under their reaffirmation agreement with MFCU. Debtors alleged they had entered into the agreement with the mistaken belief that MFCU had validly perfected its security interest. The bankruptcy court vacated its order approving the reaffirmation…

2Cases cited17 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  3. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  4. In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed SummersCourt of Appeals for the Ninth Circuit · 1991
  5. In the Matter of Met-L-Wood Corporation, Debtor. Appeal of Constantine John Gekas, Trustee. Constantine John Gekas, Trustee v. Frederick L. PipinCourt of Appeals for the Seventh Circuit · 1988

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3Cited by15 opinions

  1. Carole M. Rein Paul M. Driscoll William F. Croce Tina W. Croce and Paul Frenette v. Providian Financial CorporationCourt of Appeals for the Ninth Circuit · 2001
  2. Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. Nash v. Clark County District Attorney's Office (In Re Nash)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  4. In Re SounakheneUnited States Bankruptcy Court, S.D. California · 2000
  5. In re: Bobby Joe Wallace and Bridget Janine WallaceUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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