Court denies reinstatement of lien denied in this case when CoreStates Bank inadvertently released a secured lien it held on debtor’s Mercedes automobile. The release took place after the debtor filed a Chapter 13 bankruptcy. CoreStates attempted to reinstate the lien and requested the bankruptcy court to enforce imposition of the mistakenly released lien. The bankruptcy court […]
Archive for August, 2022
Dragnet Clause Enforced
In this case, the debtor executed a promissory note and security agreement granting Continental Bank a security interest in certain collateral which would also secure future advances. The agreement provides, in pertinent part: To secure payment of all loans made and to be made by the bank to borrower and to secure all other indebtedness […]
Debtor Re-Opening Bankruptcy Case to Add Creditor Denied
Debtor’s attempt to re-open his bankruptcy case was denied by the Court when debtor asked to reopen his bankruptcy case fourteen months after the case was closed. The debtor sought to reopen the case and add an additional creditor which had not been listed in the initial case. The bankruptcy court applied the “doctrine of laches”, which prohibits an […]