Legal Opinion

Matter of Kruse

United States Bankruptcy Court, D. Nebraska

Decided June 25, 1990No. 19-40214PublishedCited by 1 opinion

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

  1. In Re NowakUnited States Bankruptcy Court, W.D. Wisconsin · 1984
  2. Wilson v. Avco Financial Services (In Re Wilson)United States Bankruptcy Court, D. Nebraska · 1982
  3. In Re MoodyUnited States Bankruptcy Court, D. Kansas · 1989

3Cited by1 opinion

  1. Matter of WiegertUnited States Bankruptcy Court, D. Nebraska · 1991

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