Legal Opinion
Cashion Community Bank of Cashion, Oklahoma v. Carnes (In Re Carnes)
United States Bankruptcy Court, W.D. Oklahoma
Decided January 30, 1981No. 16-15110PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM ORDER
DAVID KLINE, Bankruptcy Judge.
STATEMENT
The plaintiff, Cashion Community Bank of Cashion, Oklahoma, represented by Jeff L. Hirzel brought this action to gain possession of certain “tools of the trade” which debtors Marvin Theodore and Patsy Pearl Carnes, represented by Harold Logsdon, have claimed as exempt and seek to retain under Code § 522(f).
ISSUE
Can a non-possessory and non-purchase money security interest in tools of the trade be avoided under Code § 522(f) where a security interest was created in such tools prior to the Code’s effective date but where such tools were the…
2Cases cited11 opinions
- 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
- Lucero v. Security Industrial BankUnited States Bankruptcy Court, D. Colorado · 1980
- Hoops v. Freedom Finance (In Re Hoops)United States Bankruptcy Court, D. Colorado · 1980
- Centran Bank of Akron v. Ambrose (In Re Ambrose)United States Bankruptcy Court, N.D. Ohio · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
- In Re MatthewsCourt of Appeals for the Ninth Circuit · 1984
- Alston v. City Finance Co. of Tennessee (In Re Alston)United States Bankruptcy Court, W.D. Tennessee · 1981
10 more not listed; retrieve them via the Exa API.