Legal Opinion
Stump v. Beneficial Finance Co. (In Re Stump)
United States Bankruptcy Court, D. South Dakota
Decided January 23, 1981No. 19-50040PublishedCited by 12 opinions
1Opinion of the Court
PEDER K. ECKER, Bankruptcy Judge.
Rosetta Vivian Stump, a Chapter 7 Debt- or, filed a Complaint to avoid Beneficial Finance Company’s, hereinafter Creditor’s, nonpossessory, nonpurchase-money security interest in the household goods that she has claimed as exempt. Creditor’s Answer alleged as an affirmative defense that retrospective application of 11 U.S.C. Section 522(f) violates the due process clause of the Fifth Amendment to the United States Constitution.
The Court held a hearing at which counsel stipulated to the facts. Due to the issue of the constitutionality of 11 U.S.C. Section…
2Cases cited26 opinions
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Ferguson v. SkrupaSupreme Court of the United States · 1963
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Hassett v. WelchSupreme Court of the United States · 1938
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- Morris v. Associates Finance Co. (In Re Morris)United States Bankruptcy Court, N.D. Illinois · 1981
- Lovald v. Great Plains Production Credit Ass'n of Burke (In Re Frasch)United States Bankruptcy Court, D. South Dakota · 1985
- Thorp Credit Inc. v. Nason (In Re Nason)United States Bankruptcy Court, D. Rhode Island · 1981
- Hinson v. Lexington State Bank (In Re Hinson)United States Bankruptcy Court, D. South Carolina · 1982
7 more not listed; retrieve them via the Exa API.