U.S. Court of Appeals for the Tenth Circuit, 1970

In the Matter of Lowell Louis Lehner, Bankrupt No. 67-B-3931. Household Finance Corporation v. Dolores B. Kopel, Trustee in Bankruptcy

U.S. Court of Appeals for the Tenth Circuit · Decided July 22, 1970 · Phillips, Breitenstein, Hill

427 F.2d 357 (Federal Reporter, Second Series)

Counsel

Herbert W. DeLaney, Jr., and David L. Michael, Denver, Colo., submitted on brief for appellant Household Finance Corp., Dolores B. Kopel, pro se.

Cases that cite this one

20 later published cases cite this decision. The 19 that cite it most often are listed here.

Interbusiness Bank v. First Nat. Bank of Mifflin. (District Court, M.D. Pennsylvania 2004)
Flanigan v. United States (In re Wiskur) (United States Bankruptcy Court, W.D. Missouri 1983)
Pontchartrain State Bank, a Louisiana State Bank v. Ed Poulson, Individually and Poulson Dozer & Blade, Inc., an Oklahoma Corporation (10th Cir. 1982)
In the Matter of H. L. Bennett Co., Bankrupt. Appeal of First Pennsylvania Bank, N.A (1st Cir. 1978)
Lloyds Credit Corp. v. McClain Heller Ins., Inc. (N.J. Super. Ct. App. Div. 1992)
In re Boykins (United States Bankruptcy Court, N.D. Mississippi 1990)
Tomchin Furniture Co. v. Lester (W. Va. 1983)
Thorp Commercial Corporation v. Northgate Industries, Inc. (8th Cir. 1981)
Thorp Commercial Corp. v. Northgate Industries, Inc. (8th Cir. 1981)
Davis v. Kisko (In re McKeon) (United States Bankruptcy Court, N.D. Florida 1980)
Material Service Corp. v. Bogdajewicz (Ill. App. Ct. 1979)
Mogul Enterprises, Inc. v. Commercial Credit Business Loans, Inc. (N.M. 1978)
In re Werth (District Court, D. Kansas 1977)
First National Bank v. Barr (District Court, D. Kansas 1977)
Public Finance Corp. of Alabama v. Turnage (5th Cir. 1974)
United States v. First National Bank in Ogallala, Nebraska (1st Cir. 1973)
In the Matter of Beverly L. Fuqua, Bankrupt. Arthur G. Johnson, Trustee v. First National Bank of Howard, Claimant-Appellant (1st Cir. 1972)
James Talcott, Inc. v. Franklin Nat. Bank of Mpls. (Minn. 1972)
Maryland National Bank v. Porter-Way Harvester Manufacturing Co. (Del. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Household Finance Corporation made a loan to the bankrupt secured by a tape-deck and speaker and by a television set. Colorado has adopted the Uniform Commercial Code. Thereunder, a financing statement must be filed to perfect security transactions of the type with which we are concerned. C.R.S. 1963, § 155-9-302(1). Such statement is sufficient if if “contains a statement indicating the types, or describing the items, of collateral.” Supra, § 155-9-402(1). The filed financing statement described the collateral as “consumer goods.” After bankruptcy of the debtor, Household Finance filed a petition for leave to foreclose. The Trustee asserted that the lien was invalid. The Referee held that the security interest was void because the financing statement did not sufficiently describe the types or items of collateral. On petition to review, the district court sustained the Referee.

There are no Colorado decisions in point. In such circumstances we accept the district court’s interpretation of its state law unless we are convinced that it is clearly wrong. In re Cummings, 10 Cir., 413 F.2d 1281, 1285, cert. denied sub nom. Sears, Roebuck & Co. v. Horton, 397 U.S. 915, 90 S.Ct. 918, 25 L.Ed.2d 95. The comprehensive briefs of Household Finance do not convince us that the district court was clearly wrong. Accordingly, the judgment is affirmed on the basis of the decision of the trial court reported as In re Lehner, D.C.Colo., 303 F.Supp. 317.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.