Legal Opinion
Fisk v. Allis Chalmers Credit Corp.
District Court, W.D. Michigan
Decided January 27, 1984No. Bankruptcy No. 83 1166; Adv. No. 83 1087PublishedCited by 3 opinions
1Opinion of the Court
OPINION
LIEN AVOIDANCE IN A CHAPTER 13 CASE
PARTNERSHIP ASSETS IN AN INDIVIDUAL PARTNER’S CHAPTER 13 PROCEEDING
LAURENCE E. HOWARD, Bankruptcy Judge.
This case raises numerous issues as to the applicability and scope of 11 U.S.C. § 522(f). The Court finds it necessary to address only two of these issues.
The facts generally are not in dispute. In October, 1976, Gerald and Gary Fisk, brothers involved in a farming operation, purchased a John Deere tractor, Model No. 4430, Serial No. 521238RC (“tractor”) from Crooks Farm Power, Inc. This purchase was financed by the John Deere Credit Corporation and…
2Cases cited38 opinions
- In Re SabermanUnited States Bankruptcy Court, N.D. Illinois · 1980
- Coleman v. Home Savings Ass'n (In Re Coleman)United States Bankruptcy Court, S.D. Texas · 1982
- Jordan v. Borda (In Re Jordan)United States Bankruptcy Court, D. New Jersey · 1980
- Cohen v. Werner (In Re Cohen)United States Bankruptcy Court, E.D. New York · 1981
- Retreat Investment Corp. v. Canady (In Re Canady)United States Bankruptcy Court, D. Connecticut · 1981
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3Cited by3 opinions
- In Re SchymaUnited States Bankruptcy Court, D. Minnesota · 1985
- In Re FiskUnited States Bankruptcy Court, W.D. Michigan · 1984
- Hall v. Finance One of Georgia Inc.Court of Appeals for the Eleventh Circuit · 1985