Legal Opinion
Pristas v. Landaus of Plymouth, Inc.
Court of Appeals for the Third Circuit
Decided September 7, 1984No. Nos. 83-3555 to 83-3557PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The question here is whether a purchase-money security interest in consumer goods survives when the debt is consolidated with that incurred for subsequent purchases. The bankruptcy judge concluded that the “add on” of both collateral and debt did not eliminate the purchase-money character of the security interest in original purchases. He therefore declined to avoid a creditor’s liens under section 522(f)(2) of the Bankruptcy Reform Act, 11 U.S.C. § 522(f)(2) (1982). We agree and will affirm but do so by applying a state’s statute rather than its…
2Cases cited13 opinions
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
- Mulcahy v. Indianapolis Morris Plan Corp. (In Re Mulcahy)United States Bankruptcy Court, S.D. Indiana · 1980
- Page v. WilsonSuperior Court of Pennsylvania · 1942
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- In Re PajotUnited States Bankruptcy Court, E.D. Virginia · 2007
- Americredit Financial Services, Inc. v. Penrod (In Re Penrod)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Begier v. United States, Internal Revenue Service (In Re American International Airways, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- 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
- In Re BrayUnited States Bankruptcy Court, W.D. Tennessee · 2007
31 more not listed; retrieve them via the Exa API.