Legal Opinion

In Re Calloway

United States Bankruptcy Court, W.D. Kentucky

Decided January 18, 1982No. 19-10174PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

STEWART E. BLAND, Bankruptcy Judge.

This bankruptcy case comes before the Court on objection of a creditor, Kentucky Finance Company (Kentucky), by counsel, to the avoidance of its lien by the debtors pursuant to 11 U.S.C. § 522(f). Previously in the case of In Re Cunningham, et al., 17 B.R. 463 (1981), this Court found that a nonpossessory, nonpurchase money lien on exempt property of the debtor consummated after November 6, 1978 (the date of enactment of the Bankruptcy Reform Act of 1978) is avoidable by debtors, does not deprive creditors of due process, and thus 11…

2Cases cited6 opinions

  1. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  2. In the Matter of Cantrill Construction Company, Bankrupt. Commercial Bank of Middlesboro, Kentucky v. Nolan Carter, Jr., Trustee in BankruptcyCourt of Appeals for the Sixth Circuit · 1969
  3. Alston v. City Finance Co. of Tennessee (In Re Alston)United States Bankruptcy Court, W.D. Tennessee · 1981
  4. Truscon Steel Co. v. Thirlwell Electric Co.Court of Appeals of Kentucky (pre-1976) · 1936
  5. Porter v. BedellCourt of Appeals of Kentucky (pre-1976) · 1938

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re MatthewsCourt of Appeals for the Ninth Circuit · 1984
  2. Russell v. Associates Financial Services Co. (In Re Russell)United States Bankruptcy Court, W.D. Oklahoma · 1983
  3. Franklin v. ITT Financial Services (In Re Franklin)United States Bankruptcy Court, M.D. Georgia · 1986
  4. In Re ChallinorUnited States Bankruptcy Court, D. Montana · 1987
  5. Matthews v. Transamerica Financial ServicesCourt of Appeals for the Ninth Circuit · 1984

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