Legal Opinion

Russell v. Associates Financial Services Co. (In Re Russell)

United States Bankruptcy Court, W.D. Oklahoma

Decided April 18, 1983No. 19-10002PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROBERT L. BERRY, Bankruptcy Judge.

STATEMENT OF THE CASE

The question presented to this Court is whether a renewal loan which includes the balance of the original purchase loan plus a cash advance to the debtor will cause a security to lose its purchase money character for purposes of lien avoidance action under 11 U.S.C. § 522(f).

The parties have stipulated to the following facts:

1.On September 10, 1981, the Debtor, Keary Russell, executed a Purchase Money Contract and Security Agreement with Associates ' Financial Services Company of Oklahoma, Inc. (hereinafter…

2Cases cited11 opinions

  1. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  2. In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
  3. Associates Finance v. Conn (In Re Conn)United States Bankruptcy Court, W.D. Kentucky · 1982
  4. In Re StaleyDistrict Court, M.D. Georgia · 1977
  5. Fisher v. Credithrift of America, Inc. (In Re Fisher)United States Bankruptcy Court, W.D. Oklahoma · 1981

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

3Cited by19 opinions

  1. Pristas v. Landaus of Plymouth, Inc.Court of Appeals for the Third Circuit · 1984
  2. Bankr. L. Rep. P 72,181, 5 Ucc rep.serv.2d 1259 in Re Russell Fred Billings and Julia Darlene Billings, Debtors. Russell Fred Billings and Julia Darlene Billings v. Avco Colorado Industrial BankCourt of Appeals for the Tenth Circuit · 1988
  3. Johnson v. Richardson (In Re Richardson)United States Bankruptcy Court, W.D. Wisconsin · 1985
  4. First National Bank of Boston v. Shugrue (In Re Ionosphere Clubs, Inc.)District Court, S.D. New York · 1991
  5. In Re John and Lois Pristas, Debtors v. Landaus of Plymouth, Inc. John and Lois Pristas, in No. 83-3555. In Re Laura Sprague, Debtor v. Landaus of Plymouth, Inc. Laura Sprague, in No. 83-3556. In Re David D. Twardowski, Debtor v. Landaus of Plymouth, Inc. David D. Twardowski, in No. 83-3557Court of Appeals for the Third Circuit · 1984

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