Legal Opinion

In re Hammonds

United States Bankruptcy Court, S.D. Ohio

Decided February 22, 1983No. Bankruptcy No. 1-82-01069Published

1Opinion of the Court

RANDALL J. NEWSOME, Bankruptcy Judge.

This is a Chapter 7 case in which debtor filed an application for redemption of items of personal property pursuant to 11 U.S.C. § 722. The parties have stipulated that the value of the property involved is approximately $600.00. Debtor alleges, however, that the sales contract for such property is void pursuant to Ohio Revised Code § 1317.06 of the Retail Installment Sales Act (RISA), thereby rendering the security interest and debt owed to creditor, Capital Savings & Loan Co., unenforceable pursuant to O.R.C. § 1317.08 and entitling the debtors to retain…

2Cases cited7 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Russo v. DonahueOhio Supreme Court · 1967
  3. Decor Carpet Mills, Inc. v. LindleyOhio Supreme Court · 1980
  4. San Francisco Real Estate Investors v. J. A. Jones Construction Co.District Court, S.D. Ohio · 1981
  5. Westinghouse Credit Corp. v. Walters (In Re Walters)United States Bankruptcy Court, S.D. Ohio · 1982

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