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Fidelity Financial Services, Inc. v. Fink

Docket No.: 96-1370
Argued: November 3, 1997
Decided: January 19, 1998

Topics:

Bankruptcy Code, Bankruptcy Act or Rules, or Bankruptcy Reform Act of 1978, Economic Activity, Bankruptcy, Bankruptcy, Bankruptcy Code

PartyNames: FIDELITY FINANCIAL SERVICES, INC., Petitioner, v. Richard V. FINK, Trustee.
Petitioner: Fidelity Financial Services, Inc.
Respondent: Fink

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Citation: 102 F.3d 334
Lower Court Decision
Supreme Court Docket

Fidelity Financial Services, Inc.
v.
Fink
522 U.S. 211 (1998)
Other Citations: 118 S.Ct. 651139 L.Ed.2d 571 (522 U.S. 2
Question:

May a creditor invoke 11 USC section 547(c)(3)(B)'s "enabling loan" exception if it performs the acts necessary to perfect its security interest more than 20 days after the debtor receives the property, but within a grace period provided by the otherwise applicable state law?

Fidelity Financial Services, Inc. v. Fink
ORAL ARGUMENT

November 03, 1997

Holding: affirmed
Decision: Decision: 9 votes for Fink, 0 vote(s) against
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