Legal Opinion
In Re McKay
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 31, 1981No. 19-11691PublishedCited by 8 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue presented herein is whether the lien of the Commonwealth of Pennsylvania Department of Public Welfare (“the DPW”) on the real property of the debtors may be avoided by them pursuant to § 522(f)(1) of the Bankruptcy Code (“the Code”). We conclude that the lien of the DPW may be so avoided.
The facts of the instant case are as follows: 1 On October 15, 1980, Michael D. and Eileen P. McKay (“the debtors”) filed a petition for an adjustment of their debts under chapter 13 of the Code. At that time the DPW was the holder of a lien on the debtors’…
2Cases cited5 opinions
- Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)United States Bankruptcy Court, W.D. Oklahoma · 1981
- Matter of KrahnUnited States Bankruptcy Court, E.D. Wisconsin · 1981
- Paden v. G.E.C.C. Consumer Discount Co. (In Re Paden)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- In Re GalbraithUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
- In Re DardarUnited States Bankruptcy Court, E.D. Virginia · 1980
3Cited by8 opinions
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
- Spadel v. Household Consumer Discount Co. (In Re Spadel)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Baldwin v. Avco Financial ServicesDistrict Court, D. Delaware · 1982
- In Re AllredUnited States Bankruptcy Court, E.D. North Carolina · 1985
- Barker v. Household Finance (In Re Barker)United States Bankruptcy Court, D. South Carolina · 1982
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