Legal Opinion
In Re Hargis
United States Bankruptcy Court, E.D. Tennessee
Decided August 21, 1989No. Bankruptcy 1-85-02644PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
The issue in this case is whether upon conversion of a chapter 13 case to a chapter 7 case an undersecured creditor retains a lien in its collateral despite full payment of the secured portion of the creditor’s claim during the chapter 13 case. The parties have submitted the case for decision upon stipulated facts.
I
The debtors filed a petition for relief under chapter 13 of the Bankruptcy Code on December 31, 1985. Jernigan’s Furniture filed a proof of claim in the amount of $2,237.37. The claim was secured by certain items of furniture in which…
2Cases cited13 opinions
- In Re Ronald Carlester WaltonCourt of Appeals for the Eighth Circuit · 1989
- In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
- Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
- In Re LepperUnited States Bankruptcy Court, D. Maryland · 1986
- In Re WegnerUnited States Bankruptcy Court, D. Minnesota · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
- McDonough v. Plaistow Cooperative Bank (In Re McDonough)United States Bankruptcy Court, D. Massachusetts · 1994
- In Re ScheierlUnited States Bankruptcy Court, D. Minnesota · 1995
- In Re CookeUnited States Bankruptcy Court, W.D. Missouri · 1994
- In Re HernandezDistrict Court, N.D. Illinois · 1994
10 more not listed; retrieve them via the Exa API.