Bagley v. Robert Scott Gordon, Inc. (In Re Bagley)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

This is the first adversary proceeding filed in this district under the Bankruptcy Reform Act of 1978. Since this opinion will be unencumbered by citations of precedents, we plunge into the uncontradicted facts: On September 21,1979, Robert Scott Gordon (“Gordon”), a judgment creditor of the debtor, issued a writ of execution directing the Sheriff of Delaware County to levy on the debtor’s 1977 Monte Carlo automobile. The Sheriff did so and directed Hill’s Auto Body to tow the debtor’s motor vehicle to Hill’s premises pending sale.

On October 1, 1979,…