Legal Opinion
Thorp Credit & Thrift Co. v. Tofstad (In Re Tofstad)
United States Bankruptcy Court, D. North Dakota
Decided April 7, 1982No. 19-07056PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM DECISION & ORDER
HAROLD O. BULLIS, Bankruptcy Judge.
The sole question for determination here is whether Debtors’ pickup truck falls within the definition of implements or tools of the trade as used in § 522(f)(2)(B) of the Bankruptcy Reform Act, 11 U.S.C. § 522(f)(2)(B), so as to permit Debtors to avoid a non-possessory, non-purchase money security interest held by Plaintiff.
Plaintiff brought this action seeking relief from the automatic stay provisions of § 362(a) of the Bankruptcy Reform Act, 11 U.S.C. § 362(a), in order to foreclose its security interest in Debtors’ pickup truck.…
2Cases cited5 opinions
- Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
- Abt v. Household Finance Co. (In Re Abt)United States Bankruptcy Court, E.D. Pennsylvania · 1980
- Credithrift of America, Inc. v. Dubrock (In Re Dubrock)United States Bankruptcy Court, W.D. Kentucky · 1980
- Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
- Steele v. United National Bank, Sioux Falls, South Dakota (In Re Steele)United States Bankruptcy Court, D. South Dakota · 1980
3Cited by10 opinions
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- Walkington v. Production Credit Ass'n (In Re Walkington)United States Bankruptcy Court, W.D. Michigan · 1984
- In Re TrainerUnited States Bankruptcy Court, S.D. Texas · 1985
- Maricle v. Home Federal Savings & Loan Ass'n (In Re Maricle)United States Bankruptcy Court, N.D. Texas · 1982
- Alloway v. Oregon Bank (In Re Alloway)United States Bankruptcy Court, D. Oregon · 1983
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