IN RE HESSER

No. 91-6342.

984 F.2d 345 (1993)

In re: James Knittle HESSER and Doris Marie Hesser, Debtors. William N. WEBB, Trustee, Plaintiff/Appellee, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a New York corporation, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

January 19, 1993.


Attorney(s) appearing for the Case

Anthony L. Jackson, of Brockett, Jackson & Spaeth, Oklahoma City, OK, for plaintiff/appellee.

James A. Pardo, of King & Spalding, Atlanta, GA (John J. Love and James H. Bellingham, of McClelland, Collins, Bailey, Bailey & Bellingham, Oklahoma City, OK, with him on the brief), for defendant/appellant.

Douglas G. Eason, of Fuller, Tubb & Pomeroy, Oklahoma City, OK, for amicus curiae Oklahoma Credit Union League.

Thomas G. Marsh, of Marsh, Sutton & Shacklett, Tulsa, OK, for amicus curiae Oklahoma Auto. Dealers' Ass'n.

Before MOORE and SETH, Circuit Judges, and CAMPOS, District Judge.


CAMPOS, District Judge.

In this appeal we are required to construe 11 U.S.C. § 547 of the Bankruptcy Code to determine the applicable method and timing of the perfection of a security interest for purposes of preferences in bankruptcy. The Bankruptcy Court entered judgment for the Trustee and, on appeal, the District Court affirmed. It held that the ten-day grace period provided in §§ 547(c)(3) and (e)(2) overrides...

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