In Re Neal
United States Bankruptcy Court, N.D. Texas
1Opinion of the Court
MEMORANDUM OF OPINION ON LIEN AVOIDANCE
JOHN C. AKARD, Bankruptcy Judge.
The first question presented in this case is whether a nonpossessory, nonpurchase-money security interest was extinguished when the Debtors paid the debt it secured. The second question presented is whether a nonpossessory, nonpurchase-money security interest in farm equipment may be avoided by the Debtors under § 522(f)(2)(B) of the Bankruptcy Code 1 where the securi ty interest was created during the interim between the enactment date and the effective date of the Code. 2 The Court concludes that the liens may be avoided.
2Cases cited10 opinions
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Owen v. OwenSupreme Court of the United States · 1991
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- In Re LimingCourt of Appeals for the Tenth Circuit · 1986
- Leonard Meritz and Paul D. Freed, Bankrupts v. Phil Palmer, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1959
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3Cited by2 opinions
- Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
- Neal v. United States (In re Neal)United States Bankruptcy Court, N.D. Texas · 1993