Legal Opinion
Sprague v. Landaus of Plymouth, Inc. (In Re Sprague)
United States Bankruptcy Court, M.D. Pennsylvania
Decided May 10, 1983No. Bankruptcy Nos. 5-82-00545, 5-82-00527 and 5-82-00591, Adv. Nos. 5-82-0695, 5-82-0696 and 5-82-0689PublishedCited by 7 opinions
1Opinion of the Court
OPINION
THOMAS C. GIBBONS, Bankruptcy Judge:
The issue presented in this case is whether a purchase money security interest in personalty loses its purchase money character upon the consolidation of the underlying indebtedness with that of a later purchase money security interest. A resolution of this issue will dictate whether the security interest is an avoidable lien under 11 U.S.C. § 522(f)(2) to the extent it impairs the debtors’ bankruptcy exemptions. For the reasons stated herein we find that the purchase money security interest does not lose its purchase money status upon consolidation…
2Cases cited9 opinions
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
- In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
- Mulcahy v. Indianapolis Morris Plan Corp. (In Re Mulcahy)United States Bankruptcy Court, S.D. Indiana · 1980
- Page v. WilsonSuperior Court of Pennsylvania · 1942
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
- Pristas v. Landaus of Plymouth, Inc.Court of Appeals for the Third Circuit · 1984
- In Re John and Lois Pristas, Debtors v. Landaus of Plymouth, Inc. John and Lois Pristas, in No. 83-3555. In Re Laura Sprague, Debtor v. Landaus of Plymouth, Inc. Laura Sprague, in No. 83-3556. In Re David D. Twardowski, Debtor v. Landaus of Plymouth, Inc. David D. Twardowski, in No. 83-3557Court of Appeals for the Third Circuit · 1984
- Matter of WeinbrennerUnited States Bankruptcy Court, W.D. Wisconsin · 1985
- In Re MooreUnited States Bankruptcy Court, D. Oregon · 1983
2 more not listed; retrieve them via the Exa API.