Matter of Kruse
United States Bankruptcy Court, D. Nebraska
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
In this case the debtors seek to avoid a lien in household goods under 11 U.S.C. Section 522(f). Before the court is debtors’ Motion to Avoid the Fixing of a Lien (Fil. # 5) and the Resistance thereto (Fil. # 12) by Beneficial Nebraska, Inc. I conclude that debtors’ motion should be granted in part.
The facts are not controverted. The lien of Beneficial was originally a purchase money security interest and therefore not avoidable under Section 522(f). Debtors assert that the purchase money character of the original lien was lost because the…
2Cases cited3 opinions
- In Re NowakUnited States Bankruptcy Court, W.D. Wisconsin · 1984
- Wilson v. Avco Financial Services (In Re Wilson)United States Bankruptcy Court, D. Nebraska · 1982
- In Re MoodyUnited States Bankruptcy Court, D. Kansas · 1989
3Cited by1 opinion
- Matter of WiegertUnited States Bankruptcy Court, D. Nebraska · 1991