Legal Opinion

Stevens v. Associates Financial Services

United States Bankruptcy Court, D. Colorado

Decided November 18, 1982No. 16-10453PublishedCited by 14 opinions

1Opinion of the Court

ORDER DISALLOWING IN PART LIEN AVOIDANCE AGAINST ASSOCIATES FINANCIAL SERVICE UNDER 11 U.S.C. § 522(f)

JOHN F. McGRATH, Bankruptcy Judge.

The question presented to this Court is whether a renewal loan which includes the balance of the original purchase money loan plus a cash advance to the Debtor will cause the security to lose its purchase money character for purposes of lien avoidance action under 11 U.S.C. § 522(f).

The parties have stipulated to the following facts:

1. On June 15,1981, the Creditor loaned the Debtors a principal amount of $1,300.00, with payments making a total of $1,610.40,…

2Cases cited7 opinions

  1. Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
  2. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  3. In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
  4. Associates Finance v. Conn (In Re Conn)United States Bankruptcy Court, W.D. Kentucky · 1982
  5. In Re StaleyDistrict Court, M.D. Georgia · 1977

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

3Cited by14 opinions

  1. In Re MatthewsCourt of Appeals for the Ninth Circuit · 1984
  2. Russell v. Associates Financial Services Co. (In Re Russell)United States Bankruptcy Court, W.D. Oklahoma · 1983
  3. Bankr. L. Rep. P 72,181, 5 Ucc rep.serv.2d 1259 in Re Russell Fred Billings and Julia Darlene Billings, Debtors. Russell Fred Billings and Julia Darlene Billings v. Avco Colorado Industrial BankCourt of Appeals for the Tenth Circuit · 1988
  4. First National Bank of Boston v. Shugrue (In Re Ionosphere Clubs, Inc.)District Court, S.D. New York · 1991
  5. First National Bank of Steeleville, N.A. v. Erb Equipment Co.Missouri Court of Appeals · 1996

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

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