Legal Opinion

In Re Eveland

United States Bankruptcy Court, E.D. California

Decided June 2, 1988No. 17-27490PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

DAVID E. RUSSELL, Bankruptcy Judge.

The Debtors in each of the above submitted cases have filed motions under 11 U.S.C. § 522(f)(2) to avoid nonpossessory, nonpurchase-money security interests in their personal property held by ITT Financial Services (ITT). Subsection (f) of § 522 1 reads as follows:(f) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is—(1)…

2Cases cited3 opinions

  1. Peter C. Augustine and Nancy L. Augustine v. United States of America, United States Department of Agriculture, Farmers Home AdministrationCourt of Appeals for the Third Circuit · 1982
  2. In Re WrightUnited States Bankruptcy Court, W.D. Kentucky · 1983
  3. Lucas v. ITT Financial Services (In Re Lucas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

3Cited by10 opinions

  1. In Re SmithUnited States Bankruptcy Court, E.D. California · 1990
  2. In Re ValeUnited States Bankruptcy Court, N.D. Indiana · 1989
  3. In Re OglesbyUnited States Bankruptcy Court, E.D. Missouri · 1989
  4. In Re BrownUnited States Bankruptcy Court, M.D. Louisiana · 1996
  5. Reid v. ITT Financial Services (In Re Reid)United States Bankruptcy Court, D. New Mexico · 1990

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