Legal Opinion

Southern Discount Co. v. Howison (In re Howison)

United States Bankruptcy Court, S.D. Florida.

Decided April 24, 1981No. Bankruptcy No. 80-00815-BKC-JAG; Adv. No. 80-0308-BKC-JAG-APublished

1Opinion of the Court

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This adversary proceeding was commenced on the complaint of Southern Discount Company against Thomas M. Howi-son, debtor, and William Roemelmeyer, trustee, seeking to determine the validity and seeking enforcement of its security interest in household goods of the debtor. Defendant Howison filed an answer and counterclaim asserting his right to avoid the lien under 11 U.S.C. § 522(f)(2) which provides, in pertinent part, that a debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien…

2Cases cited10 opinions

  1. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  2. Rodrock v. Security Industrial BankCourt of Appeals for the Tenth Circuit · 1981
  3. Curry v. Associates Financial Services (In Re Curry)United States Bankruptcy Court, N.D. Ohio · 1980
  4. Centran Bank of Akron v. Ambrose (In Re Ambrose)United States Bankruptcy Court, N.D. Ohio · 1980
  5. Hawley v. Avco Financial Services of Oregon, Inc. (In Re Hawley)United States Bankruptcy Court, D. Oregon · 1980

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