Legal Opinion
Yparrea v. Roswell Production Credit Ass'n
United States Bankruptcy Court, D. New Mexico
Decided July 8, 1981No. Bankruptcy Nos. 80-00899J, 80-00689P, 80-00664J and 80-00583P; Adv. Nos. 80-0401J, 80-0487P, 80-0303J and 80-0306PPublishedCited by 2 opinions
1Opinion of the Court
OPINION
ROBERT A. JOHNSON and LOUIS PUCCINI, Jr., Bankruptcy Judges.
These cases have been consolidated for the resolution of an issue common to each: the constitutionality of § 522(f) of the *662Bankruptcy Reform Act of 1978 (“the Code”) as applied to liens created in the period between the enactment of the Code on November 6, 1978, and its effective date of October 1, 1979 (“gap liens”). The other issues in each case will be addressed by the respective judge in a separate opinion.
Plaintiffs in each case argue that gap liens may be avoided under § 522(f). Defendants raise two issues: 1) the Code…
2Cases cited11 opinions
- United States v. WillSupreme Court of the United States · 1980
- Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
- Head v. Home Credit Co. (In Re Head)United States Bankruptcy Court, E.D. Tennessee · 1980
- Lucero v. Security Industrial BankUnited States Bankruptcy Court, D. Colorado · 1980
- U. S. Life Credit Corp. v. Steinart (In Re Steinart)United States Bankruptcy Court, W.D. Louisiana · 1980
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3Cited by2 opinions
- Yparrea v. Roswell Production Credit Ass'n (In Re Yparrea)United States Bankruptcy Court, D. New Mexico · 1981
- PG&E CorporationUnited States Bankruptcy Court, N.D. California · 2019