Legal Opinion
Morris v. St. John National Bank
Court of Appeals for the Tenth Circuit
Decided February 22, 2008No. 06-3324PublishedCited by 32 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
At one level, this is a dispute over loan payments secured by a nearly 30 year old Pontiac Trans Am. At another level, this case tests the limits of a bankruptcy trustee’s statutory power to displace existing lienholders. Agreeing with the Bankruptcy Appellate Panel of the Tenth Circuit (“BAP”), we hold that a bankruptcy trustee who successfully avoids a lien pursuant to 11 U.S.C. §§ 544 and 551 preserves for the bankruptcy estate the value of the avoided lien, but does not automatically assume other rights the original lien-holder may have against the debtor.
I
In 2001,…
2Cases cited14 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Segal v. RochelleSupreme Court of the United States · 1966
- Farrey v. SanderfootSupreme Court of the United States · 1991
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Savant Homes, Inc. v. CollinsCourt of Appeals for the Tenth Circuit · 2016
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
- Roup v. Commercial Research, LLCSupreme Court of Colorado · 2015
- Woolsey v. Citibank, N.A.Court of Appeals for the Tenth Circuit · 2012
27 more not listed; retrieve them via the Exa API.