Legal Opinion
American Bank & Trust v. Miller (In Re Miller)
District Court, M.D. Tennessee
Decided June 6, 1983No. Bankruptcy No. 282-04182, Adv. No. 283-0048PublishedCited by 2 opinions
1Opinion of the Court
ORDER
MORTON, Chief Judge.
Upon review of the report of the standing master, IT IS ORDERED that the report is approved.
THEREFORE, IT IS ORDERED that 11 U.S.C.A. § 522(f) (West 1979) is available to the debtors and may be used by the debtors to avoid the plaintiff’s lien to the extent of the personal property exemptions available to the debtor.
IT IS FURTHER ORDERED that the debtors are not limited to the $750 tools of the trade exemption provided in Tenn.Code Ann. § 26-2-111 (repl. vol. 1980), but may also exempt tools of the trade under the general personal property exemption contained in…
2Cases cited31 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
- Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
- J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
- 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
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3Cited by2 opinions
- In Re NipperUnited States Bankruptcy Court, E.D. Tennessee · 1999
- In re SobyDistrict Court, D. Minnesota · 1984