MATTER OF TRAHAN, 26399.

Decision Date24 March 1969
Docket NumberNo. 26399.,26399.
Citation402 F.2d 796
PartiesIn the Matter of Caldwell Joseph TRAHAN. Rodney BERNARD, Jr., Trustee, Appellant, v. BENEFICIAL FINANCE COMPANY, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Archie M. Simon, Shreveport, La., for appellant.

Warren D. Rush, Lafayette, La., for appellee.

Before GEWIN and GODBOLD, Circuit Judges, and CHOATE, District Judge.

Certiorari Denied March 24, 1969. See 89 S.Ct. 1189.

PER CURIAM:

In this bankruptcy case the United States District Court for the Western District of Louisiana concluded that the appellee's claim is a secured claim and that it should be paid in due course as a secured creditor under the law of Louisiana affording a vendor's privilege to a seller of merchandise, LSA-C.C. Art. 3227. It decided that the appellee was the holder of a statutory lien valid against the trustee under the bankruptcy statutes. 283 F.Supp. 620.

The district court wrote a well-reasoned and exhaustive opinion which fully sets forth the factual and legal issues involved. It is our judgment that the disposition of the case is correct and the judgment is affirmed.

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16 cases
  • Blackhawk Network, Inc. v. Alco Stores, Inc. (In re Alco Stores, Inc.)
    • United States
    • U.S. Bankruptcy Court — Northern District of Texas
    • July 24, 2015
    ... ... JURISDICTION, PARTIES, PROCEDURAL POSTURE AND SUMMARY OF ARGUMENTS 1. Bankruptcy subject matter jurisdiction exists in this Adversary Proceeding pursuant to 28 U.S.C. 1334. This is a statutory ... For example, the Fifth Circuit, in a case called Bernard v. Beneficial Fin. Co. (In re Trahan), has held that a Louisiana vendor's privilege is enforceable in bankruptcy. 140 In the Trahan ... ...
  • Loretto Winery Ltd., In re
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 12, 1990
    ... ... Valley Farm's appeal was timely, and we have subject matter jurisdiction under 28 U.S.C. Sec. 158(d) ...         The facts are not in dispute ... (5th Cir.1982) (per curiam); In re Lowery Bros., Inc., 589 F.2d 851 (5th Cir.1979); In re Trahan, 283 F.Supp. 620 (W.D.La.), aff'd, 402 F.2d 796 (5th Cir.1968) (per curiam) ("The district court ... ...
  • Walter, In re
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • February 3, 1995
    ... ...         As an initial matter, we find it necessary to address what the bona fide purchaser test actually requires. Many courts ... Id. at 404 ...         Tape City relied on In re Trahan, 283 F.Supp. 620, 626 (W.D.La.), aff'd, 402 F.2d 796 (5th Cir.1968) (per curiam), cert. denied, 394 ... ...
  • PFA Farmers Market Ass'n, Matter of
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • September 19, 1978
    ...and Creighton Comment, Supra. With respect to § 67(c)(1)(B), Compare In re Trahan, 283 F.Supp. 620 (W.D.La.), Aff'd per curiam, 402 F.2d 796 (5th Cir. 1968), Cert. denied, 394 U.S. 930, 89 S.Ct. 1189, 22 L.Ed.2d 459 (1969), With Note, Statutory Liens Under Section 67c of the Bankruptcy Act:......
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1 books & journal articles
  • Secured Interests in Louisiana Crops: The 2010 Legislative Revision
    • United States
    • Louisiana Law Review No. 71-4, July 2011
    • July 1, 2011
    ...following the alienation. In re Tape City, U.S.A., 677 F.2d 401 (5th Cir. 1982); In re Trahan, 283 F. Supp. 620 (W.D. La. 1968), aff’d , 402 F.2d 796 (5th Cir. 1968); see also Bessie Margolin, Comment, Civil Law: Vendor’s Privilege , 4 TUL. L. REV. 239 (1929). Also, the last paragraph of Lo......

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