Legal Opinion
Paden v. G.E.C.C. Consumer Discount Co. (In Re Paden)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 1, 1981No. 14-19327PublishedCited by 15 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether the application of § 522(fX2) of the Bankruptcy Code (“the Code”) to avoid a nonpossessory, non-purchase-money security interest in household goods which was created prior to the enactment of the Code is an unconstitutional deprivation of a property right of the creditor. We conclude that it is not.
The facts of the instant case are as follows: 1 In September, 1977, William and Gail Paden (“the debtors”) obtained a loan from G.E.C.C. Consumer Discount Company, Inc. (“G.E.C.C.”). In exchange therefor, the debtors granted…
2Cases cited28 opinions
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Kuehner v. Irving Trust Co.Supreme Court of the United States · 1937
- Campbell v. Alleghany CorporationCourt of Appeals for the Fourth Circuit · 1935
- Sweeney v. Pacific Finance Co. (In Re Sweeney)United States Bankruptcy Court, E.D. Wisconsin · 1980
23 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- Rappaport v. Commercial Banking Corp. (In Re Rappaport)United States Bankruptcy Court, E.D. Pennsylvania · 1982
- 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
- Jones v. McWilliams (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 1981
10 more not listed; retrieve them via the Exa API.