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Opinion 51

Case Name: 

McCoy v. Interlake Thrift (In re McCoy)

Judge: 
Judge Mabey
Date: 
Sep-15-1982
Case Number(s): 
81PM-0182
Status: 

UNPUBLISHED

Body: 

Chapter 13 debtors filed a complaint to avoid liens pursuant to 11 U.S.C. § 522(f). In defense, defendant asserted that § 522(f) is not applicable in chapter 13 cases. The court disagreed, stating several reasons why § 522(f) was applicable in chapter 13. The court also rejected defendant's assertion that § 522(f) was inconsistent with 11 U.S.C. § 1325(a), which requires that creditors retain their liens in order for a chapter 13 plan to be confirmed, noting that avoided liens need not be included in the plan. The court also noted that chapter 11 contains a similar provision to § 522(f), which is 11 U.S.C. § 1129(b)(2)(A)(i)(I), and defendant's interpretation would therefore eviscerate every avoidance power under both chapters, which was a result Congress could not have intended.

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Opinion 51
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