Legal Opinion

Funket v. Beacon Consumer Discount Co. (In Re Funket)

United States Bankruptcy Court, M.D. Pennsylvania

Decided April 21, 1982No. Bankruptcy No. BK 5-79-00928, Adv. No. 5-81-0027PublishedCited by 12 opinions

1Opinion of the Court

OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

The plaintiffs herein, the debtors, commenced this adversarial action to avoid a lien obtained by the defendant. The debt ors claim that the lien is avoidable since it was obtained in violation of the Bankruptcy Code.

The facts of the case are as follows. Joseph J. Funket and Kathleen M. Funket filed a petition under Chapter 7 of the Bankruptcy Code on November 30, 1979. Funket owns a one-half interest in a certain parcel of property located in Salem Township, Luzerne County, Pennsylvania. The other one-half interest is owned by Funk-et’s…

2Cases cited1 opinion

  1. Gardner v. Panama RailroadSupreme Court of the United States · 1951

3Cited by12 opinions

  1. Walker v. M & M Dodge, Inc. (In Re Walker)United States Bankruptcy Court, W.D. Louisiana · 1995
  2. Stardust Inn, Inc. v. Doshi (In Re Stardust Inn, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re Monach Circuit Industries, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. LTV Corp. v. Pension Benefit Guaranty Corp. (In Re Chateaugay Corp.)United States Bankruptcy Court, S.D. New York · 1990
  5. Cortez v. American Wheel, Inc. (In Re Cortez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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