Legal Opinion
Miller v. Peoples Bank of Miller (In Re Miller)
United States Bankruptcy Court, W.D. Missouri
Decided November 28, 1980No. 18-30670PublishedCited by 17 opinions
1Opinion of the Court
FINAL JUDGMENT AVOIDING THE DEFENDANT’S LIEN ON THE PLAINTIFF’S PROPERTY EXCEPT TO THE EXTENT OF $20,893.00
DENNIS J. STEWART, Bankruptcy Judge.
The facts of this case appear to demonstrate that the new Bankruptcy Code’s provision for lien avoidance is not intended to bestow any rights or property interest upon a debtor beyond those which are conferred by the general law’s concept of the debtor’s “equity” in that property.
In the hearing which has been conducted by the court on the issues made material by the plaintiff’s complaint for lien avoidance herein, it has been established that the…
2Cases cited9 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Albert Hanson Lumber Co. v. United StatesSupreme Court of the United States · 1923
- John Hancock Mutual Life Insurance v. BartelsSupreme Court of the United States · 1939
- Rodrock v. Security Industrial BankUnited States Bankruptcy Court, D. Colorado · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
- Tarrant v. Spenard Builders Supply, Inc. (In Re Tarrant)United States Bankruptcy Court, D. Alaska · 1982
- Lovett v. Beneficial Finance Co. (In Re Lovett)District Court, W.D. Missouri · 1981
- Kursh v. Dial Finance Co. (In Re Kursh)United States Bankruptcy Court, W.D. Missouri · 1981
12 more not listed; retrieve them via the Exa API.