Legal Opinion

Montney v. Beneficial Finance Co. (In Re Montney)

United States Bankruptcy Court, E.D. Michigan

Decided February 2, 1982No. 19-41857PublishedCited by 27 opinions

1Opinion of the Court

OPINION

GEORGE BRODY, District Judge.

This case deals with the question as to whether there is a time limit within which a debtor must institute an action to avoid a nonpossessory, nonpurchase money lien on exempt property under section 522(f) of the Bankruptcy Code.

Wendell J. Montney and Helen Montney (debtor) filed a voluntary petition in bankruptcy under Chapter 7 on July 9, 1980. Routinely, the debtors received their discharge, and the case was closed.

Prior to the filing of the bankruptcy petition, the debtor borrowed a total of $3,119.78 from Beneficial Finance Company (Beneficial) and…

2Cases cited7 opinions

  1. In Re AdkinsUnited States Bankruptcy Court, S.D. California · 1980
  2. Associates Financial Services v. Swanson (In Re Swanson)United States Bankruptcy Court, D. Idaho · 1981
  3. Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)United States Bankruptcy Court, W.D. Oklahoma · 1981
  4. In Re Thomas. Thomas v. LurieCourt of Appeals for the Seventh Circuit · 1953
  5. Matter of KrahnUnited States Bankruptcy Court, E.D. Wisconsin · 1981

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

3Cited by27 opinions

  1. Harold J. Hawkins and Eugenia B. Hawkins v. Landmark Finance Company, in Re Harold J. Hawkins and Eugenia B. Hawkins, DebtorsCourt of Appeals for the Fourth Circuit · 1984
  2. Noble v. YinglingDistrict Court, D. Delaware · 1984
  3. In Re HallUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
  4. Yazzie v. Postal Finance Co. (In Re Yazzie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  5. In Re EndlichUnited States Bankruptcy Court, E.D. New York · 1985

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

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