Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN RE GOLDINE G. KNUDSON AND DUANE A. KNUDSON, D/B/A GOLDIE'S FURNITURE, DEBTORS. PHILLIP D. ARMSTRONG, TRUSTEE OF THE ESTATE OF GOLDINE G. KNUDSON AND DUANE A. KNUDSON, D/B/A GOLDIE'S FURNITURE, APPELLANT, v. DAKOTA BANK AND TRUST COMPANY, BISMARCK, NORTH DAKOTA, APPELLEE.

MORRIS SHEPPARD ARNOLD, District Judge.

Counsel for appellant moves the court to reconsider that portion of its earlier opinion in this case holding that the trustee did not have standing to attack the bankruptcy court's approval of the grant of a post-petition security interest by debtors to appellee. We agree that the trustee did indeed have standing, but deny the petition for rehearing because 11 U.S.C. § 364, on which appellant relies and which provides for notice and hearing before debtor can contract post-petition debts, has no application to this case: The new security interest did not involve the extension of new credit by appellee or the acquisition of new debt by debtors and thus the statute is inapplicable on its face. Even if under applicable state law a pre-existing debt could not provide adequate consideration for a security interest, the trustee could not avoid the security interest because 11 U.S.C. § 549(a)(2)(B) insulates from avoidance any "transfer of property" that was "authorized . . . by the court."

The petition for rehearing will therefore be denied.

Use AI to get other relevant cases.

Comments

IN RE KNUDSON
(Sep 4, 1991)