Legal Opinion
Dempsey v. Household Finance Corp. (In Re Dempsey)
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 22, 1984No. 19-11650PublishedCited by 13 opinions
1Opinion of the Court
OPINION
THOMAS M. TWARDOWSKI, Bankruptcy Judge:
The threshold issue in the dispute at bench is whether the debtor-husband’s van is a tool of the trade in a proceeding for lien avoidance under 11 U.S.C. § 522(f). If we establish that the van is a tool of the trade we must also determine how much of the lien will be avoided when the debtor’s exemption in the property equals its fair market value. For the reasons stated herein, we find that the van is a tool of the trade and that the lien is avoidable in full.
The facts of this case are as follows: 1 The debtor filed a petition for relief under…
2Cases cited7 opinions
- Credithrift of America, Inc. v. Dubrock (In Re Dubrock)United States Bankruptcy Court, W.D. Kentucky · 1980
- Credithrift of America, Inc. v. Meyers (In Re Meyers)United States Bankruptcy Court, E.D. Michigan · 1980
- Tarrant v. Spenard Builders Supply, Inc. (In Re Tarrant)United States Bankruptcy Court, D. Alaska · 1982
- Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
- Associates Commercial Corp. v. Dillon (In Re Dillon)United States Bankruptcy Court, E.D. California · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Everett v. Kirk Mortgage Co. (In Re Everett)United States Bankruptcy Court, E.D. Pennsylvania · 1985
- Nazarene Federal Credit Union v. McNutt (In Re McNutt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- In Re NipperUnited States Bankruptcy Court, E.D. Tennessee · 1999
- Bank of Edgar v. Nowak (In Re Bankruptcy of Nowak)District Court, W.D. Wisconsin · 1984
- In Re WeinsteinUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
8 more not listed; retrieve them via the Exa API.