Legal Opinion
In Re Morgan
United States Bankruptcy Court, M.D. Tennessee
Decided October 27, 1980No. Bankruptcy 380-00633PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM
RUSSELL H. HIPPE, Jr., Bankruptcy Judge.
In this contested matter the basic issue to be resolved is whether under the Bankruptcy Reform Act of 1978 a debtor’s exemption rights in property subject to a security interest is limited to his equity, the amount by which the value of the property exceeds the secured debt. 1
The debtor and his father had purchased a mobile home by jointly and severally assuming an indebtedness secured by it. The unpaid balance of this indebtedness now exceeds its value. The secured creditor failed to perfect its security interest and the trustee, asserting…
2Cases cited6 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Day v. Boteler (In Re Boteler)United States Bankruptcy Court, S.D. Alabama · 1980
- In re CummingsCourt of Appeals for the Tenth Circuit · 1969
- Sioux Falls Veterans Administration Employees Federal Credit Union v. Van Gorkom (In Re Van Gorkom)United States Bankruptcy Court, D. South Dakota · 1980
- In Re EspelundDistrict Court, W.D. Washington · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
- Retreat Investment Corp. v. Canady (In Re Canady)United States Bankruptcy Court, D. Connecticut · 1981
- Commerce Union Bank v. Haffner (In Re Haffner)United States Bankruptcy Court, M.D. Tennessee · 1981
- Waldschmidt v. Commissioner (In Re Lambdin)United States Bankruptcy Court, M.D. Tennessee · 1983
- Matter of LampingUnited States Bankruptcy Court, E.D. Wisconsin · 1981
12 more not listed; retrieve them via the Exa API.