Legal Opinion
Schulte v. Beneficial Finance of Kansas, Inc.
United States Bankruptcy Court, D. Kansas
Decided October 24, 1980No. 19-20110PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES A. PUS ATERI, Bankruptcy Judge.
These proceedings arose from the debtors’ applications to avoid nonpurchase-mon-ey, nonpossessory liens of a creditor pursu ant to 11 U.S.C. § 522(f). The creditor, in response to the debtors’ applications, objects to the lien avoidance claiming that 11 U.S.C. § 522(f), if applied retrospectively, violated Fifth Amendment due process in taking property without a meaningful hearing and without compensation. As the separate debtor applications were against the same creditor and involved the same issue of law, the cases were joined for…
2Cases cited25 opinions
- Armstrong v. United StatesSupreme Court of the United States · 1960
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Hadacheck v. SebastianSupreme Court of the United States · 1915
- Knox v. LeeSupreme Court of the United States · 1871
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
20 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
- In Re HemsingUnited States Bankruptcy Court, D. Montana · 1987
14 more not listed; retrieve them via the Exa API.