In Re Matthews

Good Law
724 F.2d 798·10 Collier Bankr. Cas. 2d 245·11 Bankr. Ct. Dec. (CRR) 938·37 U.C.C. Rep. Serv. (West) 1332·1984 U.S. App. LEXIS 26142
United States Court of Appeals for the Ninth CircuitJanuary 24, 198482-5274California1,979 words

Opinion

Opinion

724 F.2d 798 10 Collier Bankr.Cas.2d 245 , 11 Bankr.Ct.Dec. 938 , Bankr. L. Rep. P 69,725 , 37 UCC Rep.Serv. 1332 In re Frank Howard MATTHEWS and Grace Willina Matthews, Debtors. Frank Howard MATTHEWS and Grace Willina Matthews, Appellants, v. TRANSAMERICA FINANCIAL SERVICES, formerly known as Pacific Finance Loans, a California Corporation, Appellee. No. 82-5274. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1982. Decided Jan. 24, 1984. Douglas D. Kappler, Lompoc, Cal., for appellants. David Hatch, Bette S. Paris, Paris & Paris, Santa Monica, Cal., for appellee. Appeal from the Bankruptcy Appellate Panel for the Ninth Circuit. Before FLETCHER and NELSON, Circuit Judges, and EAST, * District Judge. PER CURIAM: 1 This is an appeal by debtors who wish to avoid a security interest in household goods under Bankruptcy Code section 522(f). 11 U.S.C. Sec. 522 (f) (Supp. V 1981). Under this section, debtors can avoid non-purchase money security interests in household goods. The debtors in this case argue that the purchase money character of the lender's security interest in the goods was lost in a refinancing in which the debtor received additional funds.…

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