Legal Opinion

Yazzie v. Postal Finance Co. (In Re Yazzie)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 1, 1982No. BAP No. SC-82-1106HEG, Bankruptcy No. 81-02130-M, Adv. No. C81-1486-MPublishedCited by 18 opinions

1Opinion of the Court

OPINION

HUGHES, Bankruptcy Judge:

At issue in this appeal is whether a complaint to avoid a lien pursuant to 11 U.S.C. § 522(f)(2) must be brought within a specified time limit. We hold that, in the absence of prejudicial delay, such an action may be brought at any time.

I

Appellant debtor filed a petition under Chapter 1 of the Bankruptcy Code and claimed his household goods exempt pursuant to 11 U.S.C. § 522(d). A discharge was granted in October 1981. In early November 1981, appellee notified appellant that it asserted a non-possessory, non-purchase money security interest in appellant’s…

2Cases cited18 opinions

  1. In Re AdkinsUnited States Bankruptcy Court, S.D. California · 1980
  2. Associates Financial Services v. Swanson (In Re Swanson)United States Bankruptcy Court, D. Idaho · 1981
  3. Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)United States Bankruptcy Court, W.D. Oklahoma · 1981
  4. Matter of KrahnUnited States Bankruptcy Court, E.D. Wisconsin · 1981
  5. Bennett v. Commercial Credit Plan (In Re Bennett)United States Bankruptcy Court, W.D. Michigan · 1981

13 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re Sandor Chabot in Re Betty B. Chabot, Debtors. City National Bank v. Sandor Chabot Betty B. ChabotCourt of Appeals for the Ninth Circuit · 1993
  2. In the Matter of Henri J. Bianucci and Barbara J. Bianucci, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1993
  3. In Re DodgeUnited States Bankruptcy Court, E.D. California · 1992
  4. Noble v. YinglingDistrict Court, D. Delaware · 1984
  5. In Re QuackenbosUnited States Bankruptcy Court, E.D. Pennsylvania · 1987

13 more not listed; retrieve them via the Exa API.

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