Legal Opinion
In Re Dembrosky
United States Bankruptcy Court, W.D. New York
Decided May 10, 1999No. 1-19-10082PublishedCited by 5 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Chief Judge.
The issue before the Court is whether a motor vehicle lender whose lien was not inscribed on the title certificate under New York’s motor vehicle “Title” law, despite the absence of any wrongdoing by the Debtor, is nonetheless “perfected” against the Chapter 7 Trustee. I find that the decision of the District Court of this District in General Motors Acceptance Corp. v. Waligora (In re Waligora), 24 B.R. 905 (W.D.N.Y.1982) is binding here, or that in the alternative it is completely persuasive of the result. The lender does not prevail under either alternative.
FAC…
2Cases cited34 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
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3Cited by5 opinions
- Chrysler Financial Co. v. Schlant (In Re Dembrosky)District Court, W.D. New York · 2000
- In re BrooksUnited States Bankruptcy Court, W.D. New York · 2016
- Chorman v. Foamex International, Inc. (In re Foamex International, Inc.)United States Bankruptcy Court, D. Delaware · 2013
- Corporate Claims Mgmt., Inc. v. Shaiper (In re Patriot Nat'l Inc.)United States Bankruptcy Court, D. Delaware · 2018
- In Re ReasterUnited States Bankruptcy Court, S.D. Ohio · 1999