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LOYE v. DENVER UNITED STATES NATIONAL BANK

No. 7770.

341 F.2d 402 (1965)

Benjamin R. LOYE, Trustee in Bankruptcy, Appellant, v. DENVER UNITED STATES NATIONAL BANK, Appellee. In the Matter of Carl LUCHETTA, Jr., Bankrupt.

United States Court of Appeals Tenth Circuit.

February 10, 1965.

Attorney(s) appearing for the Case

R. Dale Tooley, Denver, Colo. (Schmidt & Van Cise, Denver, Colo., on the brief), for appellant.

Thomas S. Nichols, of Davis, Graham & Stubbs, Denver, Colo. (Richard M. Davis and Robert H. Harry, Denver, Colo., on the brief), for appellee.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and DAUGHERTY, District Judge.

HILL, Circuit Judge.

Carl Luchetta, Jr., was adjudicated a bankrupt on August 1, 1963, and appellant, Loye, was appointed Trustee of the estate. Appellee, Denver United States National Bank, subsequently filed its proof of claim based upon a promissory note, which was secured by a chattel mortgage upon an automobile, and it requested leave to foreclose the mortgage. The Trustee took issue as to the validity of the chattel mortgage on the ground that the mortgage transfer...

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