Legal Opinion

Jones v. McWilliams (In Re Jones)

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 9, 1981No. 19-11686PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The issue presented by this case is whether the lien of Budd Workers Federal Credit Union (hereinafter Budd) can be avoided by the debtors as a judicial lien subject to Title 11 U.S.C. § 522(f)(1). The lien was obtained by confession of judgment, however, the defendant argues that this lien is a purchase money security interest, in nature, and not a judicial lien. If this allegation is correct, the lien is not subject to the avoidance provisions of the Bankruptcy Code. The Court finds that this lien is a judicial lien which may be avoided pursuant…

2Cases cited6 opinions

  1. In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
  2. Natale v. Kirk Mortgage Co. (In Re Natale)United States Bankruptcy Court, E.D. Pennsylvania · 1980
  3. Paden v. G.E.C.C. Consumer Discount Co. (In Re Paden)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  4. Pennsylvania Department of Public Welfare v. Griggs (In Re Griggs)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  5. In Re PorterUnited States Bankruptcy Court, E.D. Pennsylvania · 1980

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

3Cited by10 opinions

  1. Rappaport v. Commercial Banking Corp. (In Re Rappaport)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  2. In Re SandersUnited States Bankruptcy Court, D. Kansas · 1986
  3. Thompson v. Unruh (In Re Thompson)Bankruptcy Appellate Panel of the Tenth Circuit · 1999
  4. In Re ChallinorUnited States Bankruptcy Court, D. Montana · 1987
  5. Walker v. Fleet Consumer Discount Co. (In Re Walker)United States Bankruptcy Court, W.D. Pennsylvania · 1987

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

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