Legal Opinion
In Re Cowart
United States Bankruptcy Court, M.D. Florida
Decided October 12, 1984No. Bankruptcy 84-508-BK-J-GPPublishedCited by 5 opinions
1Opinion of the Court
ORDER GRANTING CHAPTER 13 DEBTOR’S MOTION TO AVOID LIEN PURSUANT TO 11 U.S.C. § 522(f)(2)
GEORGE L. PROCTOR, Bankruptcy Judge.
This issue comes before the Court on the debtor’s motion to avoid a lien under 11 U.S.C. § 522(f) in this Chapter 13 case and specifically upon the brief of the debtor urging this Court to recede from its position adopted in In re Corden, 19 B.R. 552 (Bkrtcy.M.D.Fla.1982), in which this Court held that such lien avoidance is unavailable to any Chapter 13 debtor. The Court has determined that it is indeed appropriate to recede from that position. That holding was based…
2Cases cited8 opinions
- Sands v. Blazer Financial Services Inc. (In Re Sands)United States Bankruptcy Court, M.D. North Carolina · 1981
- Baldwin v. Avco Financial ServicesDistrict Court, D. Delaware · 1982
- Corden v. Dial Finance Co. (In Re Corden)United States Bankruptcy Court, M.D. Florida · 1982
- Transouth Financial Corp. v. ParisDistrict Court, W.D. Tennessee · 1982
- Lincoln v. Beneficial Finance Co. (In Re Lincoln)United States Bankruptcy Court, W.D. Michigan · 1982
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3Cited by5 opinions
- In Re AllredUnited States Bankruptcy Court, E.D. North Carolina · 1985
- In Re UnderwoodUnited States Bankruptcy Court, E.D. Michigan · 1989
- Hoyos Precsas v. Banco De Ponce (In Re Hoyos Precsas)United States Bankruptcy Court, D. Puerto Rico · 1987
- Anderson v. Dayton Plumbing Supply Co. (In Re Anderson)United States Bankruptcy Court, S.D. Ohio · 1986
- In Re JacksonUnited States Bankruptcy Court, M.D. North Carolina · 1985