IN RE PERRY HOLLOW MANAGEMENT CO., INC.

Nos. 01-1747, 01-1841.

297 F.3d 34 (2002)

In re PERRY HOLLOW MANAGEMENT COMPANY, INC., a/k/a Perry Hollow Mgmt. Corp.; Perry Hollow Golf Club, Inc., Debtors. Yamaha Motor Corporation, USA, Appellant, Yamaha Motor Co., Ltd., Plaintiff, v. Perry Hollow Management Company, Inc. a/k/a Perry Hollow Mgmt. Corp.; Perry Hollow Golf Club, Inc., Debtors, Appellees, Jeffrey A. Schreiber, Chapter 11 Trustee, Appellee, Geraldine L. Karonis, Assistant U.S. Trustee.

United States Court of Appeals, First Circuit.

Decided July 23, 2002.


Attorney(s) appearing for the Case

Diane M. Puckhaber, with whom Perkins & Puckhaber, P.A. was on brief, for appellant.

Edward C. Dial, Jr., with whom Jeffrey A. Schreiber and Schreiber & Associates, P.C. were on brief, for appellee.

Robert D. Kamenshine, Attorney, Appellate Staff Civil Division, with whom Robert D. McCallum, Jr., Assistant Attorney General and William Kanter, Attorney, Appellate Staff Civil Division, were on brief for the United States Trustee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.


TORRUELLA, Circuit Judge.

Yamaha Motor Corporation, USA ("Yamaha"), appeals from the judgment entered by the District Court for the District of New Hampshire. The judgment affirmed the bankruptcy court's decision to set aside Yamaha's security interest in and allow the sale of seventy-two golf carts, which were part of the bankruptcy estate of Perry Hollow Golf Club, Inc. and Perry Hollow Management Company, Inc. (collectively "Perry Hollow"). For the reasons discussed...

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