Legal Opinion

Billings v. Avco Colorado Industrial Bank

Court of Appeals for the Tenth Circuit

Decided January 27, 1988No. 86-2279PublishedCited by 3 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

Russell Fred Billings and Julia Darlene Billings (debtors) appeal the order of the district court, 63 B.R. 717, affirming the *406bankruptcy court’s denial of their motion pursuant to 11 U.S.C. § 522(f) to avoid a lien held by Avco Colorado Industrial Bank (creditor), and affirming the bankruptcy court’s denial of confirmation of debtors’ Chapter 13 plan. The sole issue on appeal is whether the refinancing of a purchase money loan, by which the old note and security agreement were cancelled and replaced by a new note and security agreement, extinguished creditor’s purchase…

2Cases cited26 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
  3. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  4. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  5. Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985

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3Cited by3 opinions

  1. Bankr. L. Rep. P 72,181, 5 Ucc rep.serv.2d 1259 in Re Russell Fred Billings and Julia Darlene Billings, Debtors. Russell Fred Billings and Julia Darlene Billings v. Avco Colorado Industrial BankCourt of Appeals for the Tenth Circuit · 1988
  2. In Re AustinUnited States Bankruptcy Court, D. Utah · 2008
  3. Glinka v. Federal Deposit Insurance Co. (In Re Hawkins)United States Bankruptcy Court, D. Vermont · 1993

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