Legal Opinion
Smith v. Avco Financial Services Consumer Discount Co. One
United States Bankruptcy Court, M.D. Pennsylvania
Decided April 27, 1983No. Bankruptcy No. 1-82-01072, Adv. No. 1-83-0150PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
LIEN AVOIDANCE OF MOTOR VEHICLES
ROBERT J. WOODSIDE, Bankruptcy Judge.
On March 3,1983, the debtor filed a complaint to avoid the defendant’s security interest in their personal and household goods including a motor vehicle. In response, the defendant filed a timely motion to dismiss the complaint for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6). The defendant’s motion contends that lien avoidance under section 522(f) of the Bankruptcy Code does not provide for the avoidance of a security interest in an automobile.
On or about May 10, 1982,…
2Cases cited4 opinions
- Abt v. Household Finance Co. (In Re Abt)United States Bankruptcy Court, E.D. Pennsylvania · 1980
- General Finance Corp. of Colorado v. Ruppe (In Re Ruppe)United States Bankruptcy Court, D. Colorado · 1980
- Boozer v. Kennesaw Finance Co. (In Re Boozer)United States Bankruptcy Court, N.D. Georgia · 1980
- Martinez v. Government Employees Credit Union of El Paso (In Re Martinez)United States Bankruptcy Court, D. New Mexico · 1982
3Cited by7 opinions
- In Re ValeUnited States Bankruptcy Court, N.D. Indiana · 1989
- In Re PsickUnited States Bankruptcy Court, D. Minnesota · 1985
- Michel v. Beneficial Consumer Discount Co. (In Re Michel)United States Bankruptcy Court, E.D. Pennsylvania · 1992
- United States v. Julius C. BomarCourt of Appeals for the Fifth Circuit · 1993
- In Re YokleyUnited States Bankruptcy Court, N.D. Alabama · 1984
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