Legal Opinion
Associates Finance v. Conn (In Re Conn)
United States Bankruptcy Court, W.D. Kentucky
Decided January 26, 1982No. 06-10771PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MERRITT S. DEITZ, Bankruptcy Judge.
In a case of first impression, we must decide whether the purchase money nature of a lien survives a subsequent refinancing of the same loan by the same creditor. The question is crucial in bankruptcy because if the purchase money character of the obligation is lost upon refinancing, the lien may be avoided by the debtor. On the other hand, if the purchase money nature of the security .interest survives a future refinancing, then the creditor may exercise its tradi-tiqnal remedies against the secured property. Courts have uniformly held…
2Cases cited13 opinions
- Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
- Coomer v. Barclays American Financial, Inc. (In Re Coomer)United States Bankruptcy Court, E.D. Tennessee · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re MatthewsCourt of Appeals for the Ninth Circuit · 1984
- Russell v. Associates Financial Services Co. (In Re Russell)United States Bankruptcy Court, W.D. Oklahoma · 1983
- Bankr. L. Rep. P 72,181, 5 Ucc rep.serv.2d 1259 in Re Russell Fred Billings and Julia Darlene Billings, Debtors. Russell Fred Billings and Julia Darlene Billings v. Avco Colorado Industrial BankCourt of Appeals for the Tenth Circuit · 1988
- Geist v. Converse County BankDistrict Court, D. Wyoming · 1987
- Johnson v. Richardson (In Re Richardson)United States Bankruptcy Court, W.D. Wisconsin · 1985
20 more not listed; retrieve them via the Exa API.