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Opinion 5

Case Name: 

Harris v. Fed. Emps. Credit Union (In re Moore)

Judge: 
Judge Mabey
Date: 
Nov-6-1979
Case Number(s): 
79-0020
Status: 

UNPUBLISHED

Body: 

Trustee sought to set aside credit union's execution and subsequent sale of debtor's vehicle as a preference under 11 U.S.C. § 96b. The court held that delivery of the vehicle to credit union pursuant to the execution, at a time when credit union was not aware of debtor's insolvency, created a lien, or "transfer," under 11 U.S.C. § 96a(2), which precluded superior liens. Trustee's complaint was dismissed.

Internal Ref: 
Opinion 5
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