IN RE SEALY

Bankruptcy No. 282-00513, Adv. No. 282-0379.

34 B.R. 947 (1983)

In re Patrick William SEALY and Zora Kay Sealy, Debtors. John C. McLEMORE, Trustee, Plaintiff, v. CARSON LTD., Defendant.

United States Bankruptcy Court, M.D. Tennessee.

November 23, 1983.


Attorney(s) appearing for the Case

John C. McLemore, McMackin, Garfinkle & McLemore, Nashville, Tenn., for plaintiff.

C. Kinian Cosner, Jr., Cosner & Waldschmidt, Nashville, Tenn., for defendant.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a "layaway" agreement on the back of a sales receipt creates a security interest where goods are delivered to the buyer at the time of sale but later returned to the seller. Secondarily, if the layaway agreement is insufficient to create a security interest, can the goods in the seller's possession be recovered by a trustee under § 547 if the return was within 90 days of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases