- 11 U.S.C.
G & B Aircraft Mgmt. v. Smoot (In re Utah Aircraft Alliance)
Mar
20
2006
Ruling
Seller of an aircraft to the debtor was denied relief from the automatic stay since the seller only had an unperfected security interest.
Procedural posture
Appellant, the seller of an aircraft to appellee bankruptcy debtor, sought relief from the bankruptcy stay to allow the seller to enforce its property interest in the aircraft based on the seller's retention of title to the aircraft. The seller appealed the order of the Bankruptcy Court for the District of Utah which denied the seller's motion for relief from the stay or for adequate protection.
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