NetBank, FSB v. Kipperman (In Re Commercial Money Center, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
AMENDED OPINION
MONTALI, Bankruptcy Judge.
The principal issue in this case appears to be one of first impression for us or any court of appeals. We are told that the multi-billion dollar securitization industry depends on being able to fractionalize financial assets, and specifically on stripping payment streams from underlying transactions such as the equipment leases in this case. The issue is whether those payment streams are chattel paper or payment intangibles. On cross-motions for partial summary judgment the bankruptcy court held that the payment streams are chattel paper. We disagree.…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Maldonado-Denis v. Castillo-RodriguezCourt of Appeals for the First Circuit · 1994
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
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3Cited by13 opinions
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
- Paloian v. LaSalle Bank National Ass'n (In re Doctors Hospital of Hyde Park, Inc.)United States Bankruptcy Court, N.D. Illinois · 2013
- Federal Deposit Insurance v. Kipperman (In Re Commercial Money Center, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Lange v. Inova Capital Funding, LLC (In Re Qualia Clinical Service, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- DeGiacomo v. Raymond C. Green, Inc. (In re Inofin Inc.)United States Bankruptcy Court, D. Massachusetts · 2014
8 more not listed; retrieve them via the Exa API.