Legal Opinion
In Re Ashe
United States Bankruptcy Court, M.D. Pennsylvania
Decided March 11, 1981No. Bankruptcy 1-79-00882PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND ORDER AVOIDING LIEN
THOMAS WOOD, Bankruptcy Judge.
This proceeding presents the issue of the constitutionality of retroactive application of section 522(f)(1) of the Bankruptcy Reform Act of 1978 (the Code) to a Pennsylvania judgment lien obtained by confession of judgment on a promissory note received from the debtors in a commercial loan transaction.
The transaction and the entry of judgment occurred on December 26, 1973. Upon entry of the judgment, Commonwealth National Bank (the Bank) automatically obtained a lien on debtors’ residential real estate. Clark v. Dotter, 54 Pa.…
2Cases cited9 opinions
- United States v. Di ReSupreme Court of the United States · 1948
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Rodrock v. Security Industrial BankUnited States Bankruptcy Court, D. Colorado · 1980
- Hoops v. Freedom Finance (In Re Hoops)United States Bankruptcy Court, D. Colorado · 1980
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burkholder v. National Central Bank (In Re Burkholder)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Morris v. Associates Finance Co. (In Re Morris)United States Bankruptcy Court, N.D. Illinois · 1981
- Paden v. G.E.C.C. Consumer Discount Co. (In Re Paden)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Hinson v. Lexington State Bank (In Re Hinson)United States Bankruptcy Court, D. South Carolina · 1982
- Ferguson v. First National Bank of Pennsylvania (In re Ferguson)District Court, W.D. Pennsylvania · 1981
4 more not listed; retrieve them via the Exa API.