IN RE KOCHER

Bankruptcy No. 80-02718G, Adv. No. 81-0030G.

12 B.R. 126 (1981)

In re Robert KOCHER and Bonnie Kocher, Debtors. Robert and Bonnie KOCHER, Plaintiff, v. AMERICAN BANK AND TRUST CO., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 29, 1981.


Attorney(s) appearing for the Case

Angus R. Love, Montgomery County Legal Aid, Norristown, Pa., for plaintiff, debtors, Robert and Bonnie Kocher.

Mark G. Yoder, Reading, Pa., for defendant, American Bank and Trust Co. of Pa.

Leonard P. Goldberger, Kogan & Cogan, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented is whether a judicial lien which arose after the enactment date (November 6, 1978) but before the effective date (October 1, 1979) of the Bankruptcy Code ("the Code") may be avoided by the debtors pursuant to § 522(f) of the Code. We conclude that § 522(f) is constitutional as applied to such a lien and that the debtors may, therefore, avoid it pursuant to that section.

The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases