Legal Opinion

Hall v. Landmark Finance Corp. (In re Hall)

District Court, D. Georgia

Decided August 4, 1981No. Bankruptcy No. 81-00653A; Adv. No. 81-0516APublishedCited by 1 opinion

1Opinion of the Court

ORDER

HUGH ROBINSON, Jr., Bankruptcy Judge.

This matter is before us on cross motions for summary judgment in response to plaintiff’s complaint to avoid section 522 lien.

FINDINGS OF FACT

The essential facts are not in dispute. The debtors (plaintiffs) gave Landmark Finance (defendants) a security interest in certain household goods and appliances in September of 1979, prior to the effective date of the Bankruptcy Act of 1978 on October 1, 1979.

The plaintiffs, in their complaint to avoid § 522 lien, are attempting to avoid defendant’s security intei'est in the household goods and appliances that…

2Cases cited17 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  3. Ferguson v. SkrupaSupreme Court of the United States · 1963
  4. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  5. New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916

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3Cited by1 opinion

  1. Hinson v. Lexington State Bank (In Re Hinson)United States Bankruptcy Court, D. South Carolina · 1982

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