Rash, Matter of
| Decision Date | 18 October 1995 |
| Docket Number | No. 93-5396,93-5396 |
| Citation | 68 F.3d 113 |
| Parties | In the Matter of Elray and Jean RASH, Debtors. ASSOCIATES COMMERCIAL CORPORATION, Appellant, v. Elray RASH and Jean E. Rash, Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Ben L. Aderhold, Tina Snelling, Hirsch, Glover, Robinson & Sheiness, Houston, TX, for appellant.
Rebecca A. Leigh, Houston, TX, for Amicus Curiae, MBCC.
Pamela A. Bassel, Dabney D. Bassel, Law, Snakard & Gambill, P.C., Ft. Worth, TX, Erin B. Shank, Nationsbank of Texas, N.A., Dallas, TX, for Nationsbank.
Robert E. Barron, Nederaland, TX, John J. Durkay, Mehaffy & Weber, Beaumont, TX, for appellee.
Norma L. Hammes, James J. Gold, San Jose, CA, for Amicus Curiae, National Assoc. of Consumer Bankruptcy Attorneys.
Appeals from the United States District Court for the Eastern District of Texas; Howell Cobb, Judge.
ON SUGGESTION FOR REHEARING EN BANC
(Opinion September 13, 1994, Modified August 16, 1995, 5
Before POLITZ, Chief Judge, KING, JOLLY, DAVIS, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.*
A member of the court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed.The Clerk will specify a briefing schedule for the filing of supplemental briefs.
*Judges Garwood, Higginbotham and Jones are recused and did not participate in this decision.
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Rash, Matter of
...to determine whether the bankruptcy court erred, as a matter of law, in failing to value the Rashes' truck at its replacement cost. 68 F.3d 113 (5th Cir.1995). II. STANDARD OF REVIEW Although the bankruptcy appellate process makes this court the second level of review, we perform the identi......
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In re Sharon
...one of three methods of valuation: valuation at retail value, (see In re Rash, 31 F.3d 325 (5th Cir.1994), reh'g granted en banc 68 F.3d 113 (5th Cir.1995)); valuation at wholesale value, (see In re Mitchell, 954 F.2d 557 (9th Cir.), cert. denied 506 U.S. 908, 113 S.Ct. 303, 121 L.Ed.2d 226......
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In re 203 North LaSalle Street Ltd. Partnership, Bankruptcy No. 95 B 4998.
...50 F.3d 530, 532 (8th Cir.1995); and In re Rash, 31 F.3d 325, 329 (5th Cir.1994), modified, 62 F.3d 685, reh'g en banc granted, 68 F.3d 113 (1995). The decisions cited by the bank primarily deal with the question of whether, for purposes of bifurcation under Section 506(a), the value of col......
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Matter of Maddox
...Circuit in In re Rash, 31 F.3d 325 (5th Cir.1994), reh'g denied, opin. modified by 62 F.3d 685 (5th Cir.), reh'g granted en banc 68 F.3d 113 (5th Cir.1995) adopted the retail value or "replacement model" approach in determining the value of collateral that the debtor proposes to retain unde......