Legal Opinion

Abt v. Household Finance Co. (In Re Abt)

United States Bankruptcy Court, E.D. Pennsylvania

Decided January 29, 1980No. 19-10451PublishedCited by 50 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The three issues before us in this case are (1) whether a creditor should be held in contempt for repossessing a debtor’s motor vehicle after a debtor files a petition for relief where the creditor had no actual knowledge of the filing; (2) whether that creditor should be held in contempt for failure to return the vehicle to the debtor’s possession once the creditor became aware of the filing; and (3) whether the debtor can avoid the security interest of the creditor in the motor vehicle pursuant to Section 522(f)(2)(A) of the Bankruptcy Code. We…

2Cases cited3 opinions

  1. In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
  2. In re RubinCourt of Appeals for the Third Circuit · 1967
  3. United States v. Christie Industries, Inc. Edwin C. Christie. Appeal of Edwin C. ChristieCourt of Appeals for the Third Circuit · 1972

3Cited by50 opinions

  1. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  2. Abrams v. Southwest Leasing & Rental Inc. (In Re Abrams)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  3. Miller v. Savings Bank of Baltimore (In Re Miller)District Court, D. Maryland · 1982
  4. In Re EisenbergUnited States Bankruptcy Court, E.D. New York · 1980
  5. In Re ReedUnited States Bankruptcy Court, D. Utah · 1981

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