Legal Opinion

Lowell v. First National Bank of Cape Cod (In Re Lowell)

United States Bankruptcy Court, D. Massachusetts

Decided May 28, 1982No. 19-10680PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

The debtors initiated this adversary proceeding and seek to avoid the defendant’s lien as impairing exempt property under 11 U.S.C. Section 522(f). 1 The parties waived trial and submitted the issue on brief. The facts are not in dispute.

On or about July 27, 1979, the First National Bank of Cape Cod (Bank) filed a complaint against the debtors, in the First District Court of Barnstable County. The Bank’s complaint was based upon an overdue unsecured personal loan note given by the debtors to the Bank on December 19, 1978. On or about August 21,…

2Cases cited7 opinions

  1. Frank's Maintenance & Engineering, Inc. v. C. A. Rorerts Co.Appellate Court of Illinois · 1980
  2. In Re AsheCourt of Appeals for the Third Circuit · 1982
  3. Kavanaugh v. Estate of DobrowolskiAppellate Court of Illinois · 1980
  4. Ansara v. ReganMassachusetts Supreme Judicial Court · 1931
  5. In Re GalbraithUnited States Bankruptcy Court, E.D. Pennsylvania · 1981

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

3Cited by10 opinions

  1. Finkle and Ross v. AG Becker Paribas, Inc.District Court, S.D. New York · 1985
  2. In Re Beverages International Ltd.United States Bankruptcy Court, D. Massachusetts · 1985
  3. Baker v. Citizens State Bank of St. Louis ParkSupreme Court of Minnesota · 1984
  4. Naqvi v. FisherDistrict Court, D. New Hampshire · 1995
  5. Ris v. Society for Savings (In Re Countdown of Connecticut, Inc.)United States Bankruptcy Court, D. Connecticut · 1990

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

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