Legal Opinion
Matter of Wiegert
United States Bankruptcy Court, D. Nebraska
Decided June 21, 1991No. 19-80200PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MIN AH AN, Jr., Bankruptcy Judge.
The issues before the court are whether a lien held by Sears, Roebuck and Company is secured or unsecured and whether the lien may be avoided under 11 U.S.C. § 522(f) as a non-purchase money, non-pos-sessory security interest in exempt property. I conclude that Sears’ lien is secured and that the lien may not be avoided. Sears has successfully developed a structure for its consumer financing which preserves to it a purchase money security interest not vulnerable to successful challenge under § 522(f).
FACTS
The terms of Sears’ consumer credit…
2Cases cited7 opinions
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- In Re HardageUnited States Bankruptcy Court, N.D. Texas · 1989
- Gillie v. First State Bank of Morton (In Re Gillie)United States Bankruptcy Court, N.D. Texas · 1989
- Keller v. Household Finance Corp. Retail Services (In Re Keller)United States Bankruptcy Court, M.D. Florida · 1983
- In Re FrizzellUnited States Bankruptcy Court, S.D. Indiana · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re KampsUnited States Bankruptcy Court, C.D. California · 1998
- In Re MelendezUnited States Bankruptcy Court, D. Massachusetts · 1999
- In Re CarlosUnited States Bankruptcy Court, C.D. California · 1997
- Meeks v. First Bank of South Arkansas (In Re Tracy's Flowers & Gifts, Inc.)United States Bankruptcy Court, E.D. Arkansas · 2001
- In Re OszajcaBankruptcy Appellate Panel of the Second Circuit · 1997
10 more not listed; retrieve them via the Exa API.