Quimbee logo
DMCA.com Protection Status

Tidewater Finance Company v. Moffett

356 F.3d 518 (2004)

Case BriefRelatedOptions
From our private database of 28,500+ case briefs...

Tidewater Finance Company v. Moffett

United States Court of Appeals for the Fourth Circuit

356 F.3d 518 (2004)

Facts

Marlene Moffett (plaintiff) bought a car from Hendrick Honda (Honda), which retained a security interest in the car. Honda assigned its interest in the car to Tidewater Finance Company (Tidewater) (defendant). After Moffett defaulted on payments, Tidewater repossessed the car. Moffett subsequently filed for Chapter 13 reorganization under the United States Bankruptcy Code (Code). Moffett’s reorganization plan provided that she would make the monthly installment payments required by the initial purchase agreement, cure the overdue payments over the course of the plan, and pay all interest. Moffett’s plan was a restructuring of the payment schedule that would enable her to exercise her lawful right to redeem the car. Based on Moffett’s right to redeem and the Code’s turnover provisions, Moffett informed Tidewater of the Chapter 13 filing and demanded that Tidewater return the car. The bankruptcy court ruled in Moffett’s favor, ordering the return of the car because Tidewater’s security interest was adequately protected under the reorganization plan. Tidewater appealed.

Rule of Law

Issue

Holding and Reasoning (Wilkinson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 545,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 545,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,500 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 545,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,500 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership