Legal Opinion
Seacord v. Commerce Bank of Blue Hills (In Re Seacord)
United States Bankruptcy Court, W.D. Missouri
Decided November 19, 1980No. 19-40186PublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FRANK P. BARKER, Jr., Chief Judge.
The issue presented is whether a valid non-possessory, non-purchase money lien against a specially equipped 1977 Chevy van can be avoided under 11 U.S.C. § 522(f)(2)(B) as a “tool of the trade” under applicable law.
Commerce Bank actually has two (2) liens against this van, one for its purchase in January, 1978, and a second for automotive refrigerant purchased in December, 1978. Only the latter lien is under attack.
The debtor is engaged in the business of selling low cost, high volume automotive parts to service stations,…
2Cases cited18 opinions
- Credithrift of America, Inc. v. Dubrock (In Re Dubrock)United States Bankruptcy Court, W.D. Kentucky · 1980
- Bruce Wayne Murray v. Ben Zuke, Trustee of the Estate of Bruce Wayne Murray, BankruptCourt of Appeals for the Eighth Circuit · 1969
- Pellish Bros. v. CooperWyoming Supreme Court · 1934
- Dowd v. HeusonSupreme Court of Kansas · 1927
- Gunn v. Credit Service CorporationLouisiana Court of Appeal · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- 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
- In Re LimingCourt of Appeals for the Tenth Circuit · 1986
- In Re LangleyUnited States Bankruptcy Court, D. Maine · 1982
- O'Neal v. United States (In Re O'Neal)United States Bankruptcy Court, E.D. Missouri · 1982
- Nazarene Federal Credit Union v. McNutt (In Re McNutt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
19 more not listed; retrieve them via the Exa API.