[Download] "Pine v. Credithrift of America" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Pine v. Credithrift of America
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
MERRITT, Circuit Judge. These two cases have been consolidated on appeal for opinion because they present common issues of bankruptcy law. In the case of Pine v. Credithrift of America, Inc., the Pines filed a voluntary petition in bankruptcy under Chapter 7 of the Bankruptcy Code. They scheduled certain household goods as property of the estate and claimed the goods as exempt. Prior to the filing of the petition, Credithrift of America, Inc. had obtained as security for a loan a non-possessory, non-purchase money security interest in the household goods of the Pines. The debtors filed a complaint in bankruptcy court seeking to have the security interest avoided under § 522(f) of the Bankruptcy Code. The Bankruptcy Court ordered the lien avoided, and the District Court affirmed the ruling. Credithrift seeks to have their security interest reinstated, claiming that the State of Tennessee has enacted legislation preventing the federal avoidance statute from operating in this case.