Legal Opinion
Joe M. Flournoy v. City Finance of Columbus, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 14, 1982No. 81-7736PublishedCited by 12 opinions
1Opinion of the Court
HENDERSON, Circuit Judge:
The sole question on this appeal is whether a secured creditor who repossesses a debtor’s automobile without legal process, as permitted by Georgia Code § 109A-9-503 (Rev.1979), is a “custodian” within the meaning of the Bankruptcy Act of 1978, 11 U.S.C. § 101(10)(C), so as to require delivery of possession to the trustee in bankruptcy in accordance with 11 U.S.C. § 543(b). The bankruptcy court held that the secured creditor is not a custodian, and the district court agreed with that conclusion. We affirm.
The facts are stipulated. City Finance of Columbus, Inc. (City…
2Cases cited22 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- May v. HendersonSupreme Court of the United States · 1925
- Phelps v. United StatesSupreme Court of the United States · 1975
- Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
- United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re RidingUnited States Bankruptcy Court, D. Utah · 1984
- Anderson v. Associates Commercial Corp. (In Re Anderson)United States Bankruptcy Court, E.D. Virginia · 1983
- In Re TrecoUnited States Bankruptcy Court, S.D. New York · 1999
- Robinson v. Ford Motor Credit Co. (In Re Robinson)United States Bankruptcy Court, E.D. Arkansas · 1983
- In Re LewisDistrict Court, N.D. Alabama · 1997
7 more not listed; retrieve them via the Exa API.