Legal Opinion
Peter C. Augustine and Nancy L. Augustine v. United States of America, United States Department of Agriculture, Farmers Home Administration
Court of Appeals for the Third Circuit
Decided April 15, 1982No. 81-2701PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Circuit Judge.
As debtors begin to assert their new rights under the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101 et seq. (the Code), the courts have been called upon to define the statutory and constitutional limits of these rights. Of particular concern to secured creditors has been the bankruptcy courts’ power under Section 522(f) to avoid certain liens on exempt property as defined in Section 522(b) and (d). This court has recently discussed the applicability to cognovit notes of Section 522(f)(1) permitting the avoidance of judicial liens, and has upheld the…
2Cases cited13 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
- Alabama v. TexasSupreme Court of the United States · 1954
- In re SmithCourt of Appeals for the Seventh Circuit · 1981
- In Re AsheCourt of Appeals for the Third Circuit · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982
- In Re Gary Thompson and Randalyn Thompson, Debtors-Appellees. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1989
- K. Dale Wissman, Sheryll Wissman v. Pittsburgh National BankCourt of Appeals for the Fourth Circuit · 1991
47 more not listed; retrieve them via the Exa API.