Legal Opinion

Credithrift of America, Inc. v. Dubrock (In Re Dubrock)

United States Bankruptcy Court, W.D. Kentucky

Decided August 19, 1980No. 19-30465PublishedCited by 48 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The debtor, a real estate broker and salesman, seeks to avoid a lien on his automobile by claiming it as exempt under 11 U.S.C. § 522(f)(2)(B) as a “tool of the trade” essential for continuation of his occupational pursuits.

It is undisputed that the plaintiff, Credi-thrift of America, Inc., holds a non-posses-sory, non-purchase money security interest in the automobile of the debtor, Donald Dubrock. The balance outstanding on the debt secured by the automobile, a 1974 Cadillac, is $4,760.00.

Support for Dubrock’s contention that his…

2Cases cited9 opinions

  1. Matter of Willis C. Pioch, Bankrupt, Willis C. PiochCourt of Appeals for the Third Circuit · 1956
  2. Credithrift of America, Inc. v. Meyers (In Re Meyers)United States Bankruptcy Court, E.D. Michigan · 1980
  3. In Re HillUnited States Bankruptcy Court, N.D. Ohio · 1980
  4. Dowd v. HeusonSupreme Court of Kansas · 1927
  5. Gunn v. Credit Service CorporationLouisiana Court of Appeal · 1950

4 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Peter C. Augustine and Nancy L. Augustine v. United States of America, United States Department of Agriculture, Farmers Home AdministrationCourt of Appeals for the Third Circuit · 1982
  2. In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982
  3. Yoder v. United States (In Re Yoder)United States Bankruptcy Court, W.D. Pennsylvania · 1983
  4. In Re Curtis Neal Heape and Billie Jean Heape, Debtors. Curtis Neal Heape and Billie Jean Heape, Debtors-Appellants v. Citadel Bank of IndependenceCourt of Appeals for the Tenth Circuit · 1989
  5. Walkington v. Production Credit Ass'n (In Re Walkington)United States Bankruptcy Court, W.D. Michigan · 1984

43 more not listed; retrieve them via the Exa API.

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