Putterbaugh v. International Harvester Credit Corp. (In re Sucy)
Putterbaugh v. International Harvester Credit Corp. (In re Sucy)
Opinion of the Court
MEMORANDUM OF DECISION
The trustee seeks by this action to avoid an attachment by International Harvester Credit Corporation against real property of the debtors in the amount of $100,000.00 authorized by the Maine Superior Court in May of 1979. That attachment was recorded in the Kennebec County Registry of Deeds on May 30,1979. International Harvester obtained a judgment against the debtors for $215,862.75 in state court on July 1, 1981.- The debtors filed their petition in bankruptcy on September 23, 1981.
The trustee’s complaint seeks to have “any attachment, lien or other encumbrance on real property of the Debtors ... declared null and void....”
. Count I of the complaint, while unclear, may allege that entry of the July 1st judgment itself constituted an avoidable preference. But see Young v. Nadelson Displays, Inc. (In re Lucasa International, Ltd.), 14 B.R. 980, 8 B.C.D. 444 (Bkrtcy.S.D.N.Y. 1981). If so, the trustee has failed to pursue that argument in his brief, and the Court treats it as abandoned.
Reference
- Full Case Name
- In re Kenneth C. SUCY, Jr., Judy A. Sucy, Debtors. Harvey J. PUTTERBAUGH, Trustee v. INTERNATIONAL HARVESTER CREDIT CORP.
- Cited By
- 1 case
- Status
- Published