Fidelity Financial Services, Inc. v. Fink

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a creditor may invoke the “enabling loan” exception to the trustee’s power to avoid a preferential transfer only by satisfying state law perfection requirements within the twenty-day period provided by 11 U.S.C. § 547(c)(3)(B)
• holding that enabling-loan exception did not insulate transfer from avoidance as a preference because notation of creditor's lien on motor vehicle — and thus perfection — occurred outside of 20-day period referenced in pre-amendment § 547(c)(3)(B)
• holding a security interest is perfected for federal bankruptcy purposes if the creditor satisfies the requirements for perfection under state law
• holding that enabling-loan exception did not insulate transfer from avoidance as a preference because notation of creditor’s lien on motor vehicle' — and thus perfection — occurred outside of 20-day period referenced in pre-amendment § 547(c)(3)(B)
• holding a security interest is perfected for federal bankruptcy purposes if the creditor satisfies the requirements for perfection under state law
• acknowledging the difference between “time and action in the real world” and circumstances when “the clock is being turned back in some legal universe”

Source: CourtListener parenthetical corpus (CC0).