Legal Opinion
Head v. Home Credit Co. (In Re Head)
United States Bankruptcy Court, E.D. Tennessee
Decided May 20, 1980No. Bankruptcy Nos. 3-79-00766, 3-79-00863, Adv. Nos. 3-79-0055, 3-79-0056PublishedCited by 49 opinions
1Opinion of the Court
MEMORANDUM
CLIVE W. BARE, Bankruptcy Judge.
The question before this court is whether the lien avoidance provisions of section 522(f) of the Bankruptcy Reform Act of 1978 constitutes a taking of property without due process of law under the Fifth Amendment. 1 Specifically, the question relates to two security agreements entered into prior to the effective date of the Reform Act. 2
I
The facts are essentially the same in both cases and involve loans of money. (1) On December 4, 1978, the plaintiff, James Head, executed a promissory note to Home Credit Company and granted the lender a security…
2Cases cited9 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Knox v. LeeSupreme Court of the United States · 1871
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
- Rodrock v. Security Industrial BankCourt of Appeals for the Tenth Circuit · 1981
- Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
- Pillow v. Avco Financial Services (In Re Pillow)United States Bankruptcy Court, D. Utah · 1981
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
44 more not listed; retrieve them via the Exa API.