IN RE MARLEY

Bankruptcy No. 80-02574G, Adv. No. 81-0396G.

12 B.R. 428 (1981)

In re David MARLEY, a/k/a, David Marley, Jr. and Carol Marley, Debtors. David MARLEY, a/k/a, David Marley, Jr. and Carol Marley, Plaintiffs, v. INDUSTRIAL VALLEY BANK AND TRUST COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 2, 1981.


Attorney(s) appearing for the Case

Henry Wessel, Wessel & Carpel, Philadelphia, Pa., for debtors/plaintiffs, David Marley a/k/a David Marley, Jr. and Carol Marley.

Peter M. McGonigle, Philadelphia, Pa., for defendant, Industrial Valley Bank and Trust Co.

Leo F. Doyle, Philadelphia, Pa., Trustee.


MEMORANDUM OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

We are confronted by the constitutional issue of whether a judicial lien which arose prior to the enactment date 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 the lien herein and the debtors may, therefore, avoid it pursuant to that section.

The facts of the instant case...

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