Legal Opinion
Smiley v. Feldman Furniture Co. (In Re Smiley)
United States Bankruptcy Court, D. Rhode Island
Decided February 19, 1988No. Bankruptcy 8700302PublishedCited by 5 opinions
1Opinion of the Court
AMENDED DECISION
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Submitted on memoranda on October 29, 1987, on the debtors’ motion to avoid a nonpossessory, nonpurchase money security interest in personal property, pursuant to 11 U.S.C. § 522(f). 1 The defendant, Feldman Furniture Company, objects.
The relevant facts, which are not disputed, are as follows. On November 14, 1984, the Smileys entered into a retail installment agreement with the defendant, Feldman Furniture Company, for the purchase of furniture for $3,776.78. Thereafter, on March 7, 1985, while the first contract was still…
2Cases cited8 opinions
- Mildred Ives v. W. T. Grant CompanyCourt of Appeals for the Second Circuit · 1975
- Luther Haynes and Lenita Haynes v. Logan Furniture Mart, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1974
- Philip R. Bizier v. Globe Financial Services, Inc.Court of Appeals for the First Circuit · 1981
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- Henry Turner v. Firestone Tire and Rubber Co., D/B/A Firestone Stores of New Orleans, Inc.Court of Appeals for the Fifth Circuit · 1976
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3Cited by5 opinions
- Gillie v. First State Bank of Morton (In Re Gillie)United States Bankruptcy Court, N.D. Texas · 1989
- In Re KeetonUnited States Bankruptcy Court, S.D. Ohio · 1993
- Snap-On Tools Corp. v. Freeman (In Re Freeman)District Court, N.D. Alabama · 1991
- Jaaskelainen v. Wells Fargo Bank, N.A. (In Re Jaaskelainen)United States Bankruptcy Court, D. Massachusetts · 2008
- In Re AdoptanteUnited States Bankruptcy Court, D. Rhode Island · 1992