Legal Opinion

Sims Furniture Co. v. Trotter (In Re Trotter)

United States Bankruptcy Court, C.D. California

Decided June 18, 1981No. Bankruptcy No. 80-06819-JD, Adv. No. 80-2325-JDPublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES R. DOOLEY, Bankruptcy Judge.

This case presents the question of whether plaintiff has a purchase money security interest in a sofa and love seat that plaintiff sold to defendant. If so, plaintiff is entitled to either a return of this furniture or a nondischargeable judgment for its value. If not, the defendant is entitled to avoid plaintiff’s lien on the furniture pursuant to 11 U.S.C. § 522(f).

FACTS

On or about December 10, 1979, defendant purchased from plaintiff a pillow back sofa and love seat for a total purchase price of $556.45, making a down payment of…

2Cases cited11 opinions

  1. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  2. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  3. Coomer v. Barclays American Financial, Inc. (In Re Coomer)United States Bankruptcy Court, E.D. Tennessee · 1980
  4. In Re StaleyDistrict Court, M.D. Georgia · 1977
  5. In Re NorrellDistrict Court, M.D. Georgia · 1977

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

3Cited by13 opinions

  1. In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
  2. In Re MatthewsCourt of Appeals for the Ninth Circuit · 1984
  3. Holland v. Associates Finance (In Re Holland)United States Bankruptcy Court, N.D. Ohio · 1981
  4. Franklin v. ITT Financial Services (In Re Franklin)United States Bankruptcy Court, M.D. Georgia · 1986
  5. In Re ChallinorUnited States Bankruptcy Court, D. Montana · 1987

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

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