Legal Opinion

Hawley v. Avco Financial Services of Oregon, Inc. (In Re Hawley)

United States Bankruptcy Court, D. Oregon

Decided November 25, 1980No. 18-63643PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM OPINION

HENRY L. HESS, Jr., Bankruptcy Judge.

The issue in this ease is whether a security interest created prior to the enactment date of the Bankruptcy Reform Act can be avoided under § 522(f) of that Act.

Plaintiffs Gordon and Patricia Hawley, joint debtors in a bankruptcy filed with this court on November 21,1979, served a “Complaint for the Release of Security Interest” on Defendant-Avco Financial Services of Oregon in an effort to avoid Avco’s nonpos-sessory, nonpurchase-money security interest in “household furnishings, appliances, and goods.” Avco did not file an answer; but…

2Cases cited7 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  3. Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
  4. Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
  5. Securities & Exchange Commission v. Albert & Maguire Securities Co.District Court, E.D. Pennsylvania · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
  2. Rodrock v. Security Industrial BankCourt of Appeals for the Tenth Circuit · 1981
  3. Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
  4. Pillow v. Avco Financial Services (In Re Pillow)United States Bankruptcy Court, D. Utah · 1981
  5. Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981

28 more not listed; retrieve them via the Exa API.

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