Legal Opinion

Teske v. General Finance Corp. (In Re Teske)

United States Bankruptcy Court, W.D. Michigan

Decided February 9, 1981No. 19-01123PublishedCited by 15 opinions

1Opinion of the Court

OPINION

CONSTITUTIONALITY OF 11 U.S.C. § 522(f)

LAURENCE E. HOWARD, Bankruptcy Judge.

The plaintiffs filed complaints to avoid nonpossessory, nonpurchase-money security interests in household goods. The facts are not in dispute. It is agreed that the security interests of the defendant are nonposses-sory and nonpurchase-money. The Teske security agreement was executed on April 12 1979, and the Mullens on May 17, 1979.

The Bankruptcy Reform Act was enacted on November 6, 1978, and became effective on October 1, 1979.

The question before this court is whether the lien avoidance provisions of 11…

2Cases cited14 opinions

  1. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  2. Knox v. LeeSupreme Court of the United States · 1871
  3. Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
  4. Concordia Fire Insurance Co. v. IllinoisSupreme Court of the United States · 1934
  5. First Nat. Bank of Chicago v. Prima Co.Court of Appeals for the Seventh Circuit · 1937

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3Cited by15 opinions

  1. Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
  2. Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
  3. In re GiffordCourt of Appeals for the Seventh Circuit · 1982
  4. Morris v. Associates Finance Co. (In Re Morris)United States Bankruptcy Court, N.D. Illinois · 1981
  5. In Re Harry George Webber, Susan Marie Webber, Debtors. Harry George Webber, Susan Marie Webber, and the United States of America, Intervenor v. Credithrift of America, Inc., and in Re Everett Yoder, Jr., and Elizabeth Yoder, Debtors. Everett Yoder, Jr. And Elizabeth Yoder, and the United States of America, Intervenor v. Credithrift of America, Inc.Court of Appeals for the Ninth Circuit · 1982

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