Legal Opinion
Fickey v. Bank of LaFayette (In Re Fickey)
United States Bankruptcy Court, E.D. Tennessee
Decided September 23, 1982No. Bankruptcy No. 1-81-01463, Adv. No. 1-81-0493PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Bankruptcy Judge.
The question in this proceeding is whether or not the defendant bank’s security interest in certain household furnishings and appliances owned by the plaintiff debtors is a purchase money security interest. The debtors claimed the goods as exempt and brought this action to avoid the bank’s security interest as impairing their exemptions. The security interest can be avoided only if it is a nonpurchase money security interest. 11 U.S.C. § 522(f)(2).
The relevant facts are as follows.
In November, 1979, Donald Edward Fick-ey, one of the debtors, bought…
2Cases cited24 opinions
- Ohio Casualty Insurance Co. v. Travelers Indemnity Co.Tennessee Supreme Court · 1973
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
- Deaton v. ViseTennessee Supreme Court · 1948
- Coomer v. Barclays American Financial, Inc. (In Re Coomer)United States Bankruptcy Court, E.D. Tennessee · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Snap-On Tools, Inc. v. Freeman (In re Freeman)Court of Appeals for the Eleventh Circuit · 1992
- In Re MurrayUnited States Bankruptcy Court, M.D. Georgia · 2006
- Hipps v. Landmark Financial Services of Georgia, Inc. (In Re Hipps)United States Bankruptcy Court, N.D. Georgia · 1988
- Snap-On Tools Corp. v. Freeman (In Re Freeman)District Court, N.D. Alabama · 1991
- First National Bank of Geneva v. United StatesUnited States Court of Claims · 1987
4 more not listed; retrieve them via the Exa API.