Legal Opinion

Curry v. Associates Financial Services

District Court, N.D. Ohio

Decided May 29, 1981No. Civ. A. C80-1436A, C80-1871A, C80-1946A, and C80-2179APublishedCited by 23 opinions

1Opinion of the Court

ORDER

CONTIE, District Judge.

The Bankruptcy Reform Act of 1978, Pub.L. No. 95-598, 92 Stat. 2549 (hereinafter referred to as the Reform Act), was enacted primarily to face the realities of contemporary commercial and consumer financial practices by modernizing both the substantive and procedural aspects of the bankruptcy laws. These appeals call into question the construction, retroactivity, and constitutionality 1 of the Reform Act’s lien avoidance provision, 11 U.S.C. § 522(f). 2 Each of the above captioned cases is an appeal from the United States Bankruptcy Court for the Northern District…

2Cases cited15 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Armstrong v. United StatesSupreme Court of the United States · 1960
  4. PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
  5. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979

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3Cited by23 opinions

  1. 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
  2. In the Matter of Thomas Yale McManus and Betty Sue Smith McManus Bankrupts. Thomas Yale McManus and Betty Sue Smith McManus v. Avco Financial Services of Louisiana, Inc., in the Matter of Wallace Gipson and Bobbie Phenix Gipson, Bankrupts. Blazer Financial Services, Inc., Creditor/appellant v. Wallace Gipson and Bobbie Phenix Gipson, Debtors/appelleesCourt of Appeals for the Fifth Circuit · 1982
  3. Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
  4. In Re NeiheiselUnited States Bankruptcy Court, D. Utah · 1983
  5. In Re ShafferUnited States Bankruptcy Court, N.D. Ohio · 1985

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