Legal Opinion

Merritt v. Whirlpool Employees Federal Credit Union (In re Merritt)

District Court, W.D. Michigan

Decided March 25, 1980No. Bankruptcy No. HK 78 00554 B 8Published

1Opinion of the Court

OPINION OF THE COURT

LAURENCE E. HOWARD, Bankruptcy Judge.

The plaintiff-debtor filed a complaint requesting that the court enter an order discharging the defendant’s lien on the debt- or’s 1975 AMC Station-Wagon.

The facts are not in dispute. On May 22, 1978, the debtor filed a petition and plan under Chapter XIII, which provided that the secured creditors, including the defendant, be paid 100% of their debt to the extent of their security and the balance as an unsecured debt. Unsecured creditors were to be paid 25% of their claims. The schedules placed a value of $1,975.00 on the vehicle. The…

2Cases cited6 opinions

  1. United States National Bank v. Chase National BankSupreme Court of the United States · 1947
  2. De Laney v. City and County of Denver Etal. In Re WhiteCourt of Appeals for the Tenth Circuit · 1950
  3. Clem v. JohnsonCourt of Appeals for the Eighth Circuit · 1950
  4. In Re O'Gara Coal Co.Court of Appeals for the Seventh Circuit · 1926
  5. Interstate Finance Corporation v. J. T. ScroghamCourt of Appeals for the Sixth Circuit · 1959

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