Legal Opinion

First Bank & Trust Co. of Ithaca, New York v. Hart (In Re Hart)

District Court, N.D. New York

Decided February 6, 1981No. Bankruptcy 79-BK-02428PublishedCited by 13 opinions

1Opinion of the Court

OPINION AND ORDER

MacMAHON, District Judge. *

Plaintiff First Bank & Trust Co. of Ithaca, New York, a creditor of defendant debt- or Joan B. Hart, appeals from an order of Bankruptcy Judge Justin J. Mahoney that, pursuant to Section 722 of the Bankruptcy Reform Act of 1978 (the “Act”), 11 U.S.C. § 722, defendant be allowed to redeem her automobile from plaintiff by installment payments. Plaintiff contends that Section 722 permits redemption only by lump-sum payment of the full value of the collateral. For reasons given below, we hold for plaintiff and reverse Judge Mahoney’s order.

On November…

2Cases cited1 opinion

  1. General Motors Acceptance Corp. v. Miller (In Re Miller)United States Bankruptcy Court, E.D. Michigan · 1980

3Cited by13 opinions

  1. In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
  2. In the Matter of Judy Emely Edwards, Also Known as Judy Emely Glass, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
  3. Chrysler Credit Corp. v. Schweitzer (In Re Schweitzer)United States Bankruptcy Court, E.D. New York · 1982
  4. Zlogar v. Internal Revenue Service (In Re Zlogar)United States Bankruptcy Court, N.D. Illinois · 1989
  5. Sears, Roebuck & Co. v. SpiveyDistrict Court, E.D. New York · 2001

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