Legal Opinion
Giles v. Credithrift of America, Inc. (In Re Giles)
United States Bankruptcy Court, E.D. Tennessee
Decided February 12, 1981No. Bankruptcy No. 1-80-02318, Adv. No. 1-80-0647PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Bankruptcy Judge.
The defendant, Credithrift, made a motion for summary judgment which raised several legal arguments against applying the statute on which the plaintiffs rely. Credithrift raised no other defenses. The court’s decision on the motion will dispose of this proceeding.
The debtors brought this cause of action against Credithrift to avoid its security interest in certain of their household goods or furnishings and appliances. Under § 522(f)(2) of the Bankruptcy Code, the debtors can avoid the security interest only if it is nonpossessory and nonpurchase…
2Cases cited6 opinions
- In Re HillUnited States Bankruptcy Court, N.D. Ohio · 1980
- Day v. Boteler (In Re Boteler)United States Bankruptcy Court, S.D. Alabama · 1980
- Cox v. Blazer Financial Services, Inc. (In Re Cox)United States Bankruptcy Court, S.D. Ohio · 1980
- In Re MorganUnited States Bankruptcy Court, M.D. Tennessee · 1980
- Farris v. Barclays American Financial, Inc. (In Re Farris)United States Bankruptcy Court, E.D. Tennessee · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
- University of Texas Medical Branch at Galveston v. AllanCourt of Appeals of Texas · 1989
- In re GiffordCourt of Appeals for the Seventh Circuit · 1982
- Beneficial Finance Co. of Virginia v. FranklinDistrict Court, W.D. Virginia · 1983
- Pine v. Credithrift of America, Inc. (In Re Pine)United States Bankruptcy Court, E.D. Tennessee · 1981
11 more not listed; retrieve them via the Exa API.