How fresh a start? What are "household goods" for purposes of Section 522(f)(1)(b)(i) lien avoidance?
Article Abstract:
Bankruptcy Code Section 522 (f)(1)(B)(i) allows debtors to prevent creditors from acquiring nonpossessory, nonpurchase money security interests in items, including household goods, to the degree the security interest would lessen the debtor's exemption in those goods. Whether household goods includes such items as camcorders and personal computers is unclear. Defining "household goods" as all consumer goods besides motor vehicles, jewelry, and mobile homes, and a value cap of $400 would resolve this difficulty.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1998
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The trustee as a bona fide purchaser of real property in bankruptcy: making sense of Section 544(a)(3)
Article Abstract:
Bankruptcy Code Section 544(a)(3) purports to empower trustees to avoid transfers of real property involving the debtor in which a party, other than a secured creditor with a perfected security interest, may have a claim. Because of this statute's convoluted language, courts have failed to give it a consistent construction. Analysis of pre-Code law and congressional intent suggest that this section should apply only to unperfected transfers of real property and unperfected security interests.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1998
User Contributions:
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