Legal Opinion

Coomer v. Barclays American Financial, Inc. (In Re Coomer)

United States Bankruptcy Court, E.D. Tennessee

Decided December 23, 1980No. Bankruptcy 3-80-00560PublishedCited by 38 opinions

1Opinion of the Court

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The question in this proceeding concerns the character of Merit Finance’s security interest in certain household goods owned by the debtors, the Coomers. The Coomers seek to avoid Merit’s security interest in the household goods. They can avoid it only if it is a nonpurchase-money security interest. 11 U.S.C. § 522(f)(2)(A) (1979). 1

The facts are simple. The Coomers had obtained a loan from Merit but had not completely repaid it. They found some new furniture that they wanted to buy from Paul Bellamy Furniture. Mr. Coomer went to Merit to obtain a…

2Cases cited7 opinions

  1. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  2. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  3. Mulcahy v. Indianapolis Morris Plan Corp. (In Re Mulcahy)United States Bankruptcy Court, S.D. Indiana · 1980
  4. In Re StaleyDistrict Court, M.D. Georgia · 1977
  5. In Re NorrellDistrict Court, M.D. Georgia · 1977

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. In Re PeasleeUnited States Bankruptcy Court, W.D. New York · 2006
  2. Southtrust Bank of Alabama, National Association, Formerly Named Birmingham Trust National Bank v. Borg-Warner Acceptance Corp., a CorporationCourt of Appeals for the Eleventh Circuit · 1985
  3. In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
  4. In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
  5. Associates Finance v. Conn (In Re Conn)United States Bankruptcy Court, W.D. Kentucky · 1982

33 more not listed; retrieve them via the Exa API.

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