Legal Opinion
Sweeney v. Pacific Finance Co. (In Re Sweeney)
United States Bankruptcy Court, E.D. Wisconsin
Decided December 22, 1980No. 19-21081PublishedCited by 58 opinions
1Opinion of the Court
DALE E. IHLENFELDT, Bankruptcy Judge.
In each of these cases, the plaintiff debtors seek to avoid nonpossessory, nonpur-chase-money security interests in personal property, pursuant to § 522(f) of the Bankruptcy Code, 1 and the defendant creditors assert that § 522(f) is unconstitutional as applied to them, in that it violates the Fifth Amendment by depriving them of valuable and substantial property rights without due process of law. Because of the importance of the issue, these cases have been consolidated for the purpose of obtaining a uniformity of decision in this district.
The Bankruptcy…
2Cases cited17 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Head v. Home Credit Co. (In Re Head)United States Bankruptcy Court, E.D. Tennessee · 1980
- Rodrock v. Security Industrial BankUnited States Bankruptcy Court, D. Colorado · 1980
- Curry v. Associates Financial Services (In Re Curry)United States Bankruptcy Court, N.D. Ohio · 1980
- Hoops v. Freedom Finance (In Re Hoops)United States Bankruptcy Court, D. Colorado · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- In Re LimingCourt of Appeals for the Tenth Circuit · 1986
- Retreat Investment Corp. v. Canady (In Re Canady)United States Bankruptcy Court, D. Connecticut · 1981
- Walkington v. Production Credit Ass'n (In Re Walkington)United States Bankruptcy Court, W.D. Michigan · 1984
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- 11 Collier bankr.cas.2d 1024, Bankr. L. Rep. P 70,155 in the Matter of Russell Thompson and Dixie A. Thompson, Engaged in Farming, Debtors. Petition of Russell Thompson and Dixie A. ThompsonCourt of Appeals for the Eighth Circuit · 1984
53 more not listed; retrieve them via the Exa API.