IN RE ALLEN

BAP No. AZ-90-1980-JVAs, Bankruptcy No. B-88-3797-PHX-RGM, Adv. No. 89-861.

134 B.R. 373 (1991)

In re Arthur ALLEN and Peggy Allen, Debtors. Stanley W. FOGLER, Trustee, Appellee, v. CASA GRANDE COTTON FINANCE CO., an Arizona corporation, Appellant.

United States Bankruptcy Appellate Panel for the Ninth Circuit.

Decided December 4, 1991.


Attorney(s) appearing for the Case

Kirk V. Karman, Casa Grande, Ariz., for appellant.

Don A. Beskrone, Phoenix, Ariz., for appellee.

Before JONES, VOLINN and ASHLAND, Bankruptcy Judges.


OPINION

JONES, Bankruptcy Judge:

The bankruptcy court granted summary judgment for the bankruptcy trustee in an adversary suit asserting strong-arm powers, holding that a secured party had failed to perfect its security interest in a note and deed of trust by failing to take possession of the instruments. The secured party appeals. We reverse and remand.

BACKGROUND

Debtors Arthur and Peggy Allen ("the Allens") owned a half-interest in certain...

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