Legal Opinion
In Re Duvall
United States Bankruptcy Court, W.D. Texas
Decided March 13, 1998No. 19-50206PublishedCited by 5 opinions
1Opinion of the Court
Opinion
RONALD B. KING, Bankruptcy Judge.
Everett Ray Duvall and Karen Sprawls Duvall (“the Debtors”) filed a “Motion to Avoid Non-Possessory, Non-Purchase Money Security Interest” of the United States of America, Farm Service Agency (“FSA”), in the Debtors’ tools of the trade pursuant to § 522(f) of the Bankruptcy Code. For the reasons stated below, the Court concludes that while § .522(f)(1) and (f)(2) tentatively allow the Debtors to avoid the FSA’s security interest in full, § 522(f)(3) limits that avoidance by a defined amount: the difference between the aggregate value of the Debtors’…
2Cases cited62 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
57 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kolich v. Antioch Laurel Veterinary Hospital, Inc. (In Re Kolich)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
- Pearson v. Security Properties, LLC (In Re Pearson)United States Bankruptcy Court, D. Colorado · 2010
- Bruce Allen Klug and Mary Lou KlugUnited States Bankruptcy Court, W.D. Wisconsin · 2021
- Dean Allen Kolich v. Antioch Laurel Vet.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
- Plata v. Darbun Enterprises CA4/1California Court of Appeal · 2014