11 Collier bankr.cas.2d 1024, Bankr. L. Rep. P 70,155 in the Matter of Russell Thompson & Dixie A. Thompson, Engaged in Farming, Debtors. Petition of Russell Thompson & Dixie A. Thompson, 750 F.2d 628 (8th Cir. 1984). · Go Syfert
11 Collier bankr.cas.2d 1024, Bankr. L. Rep. P 70,155 in the Matter of Russell Thompson & Dixie A. Thompson, Engaged in Farming, Debtors. Petition of Russell Thompson & Dixie A. Thompson, 750 F.2d 628 (8th Cir. 1984). Cases Citing This Book View Copy Cite
97 citation events (14 in the last 25 years) across 28 distinct courts.
Strongest positive: Richard Allen Eppenbaugh, Jr. (nebraskab, 2019-04-01)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
cited Cited as authority (rule) Richard Allen Eppenbaugh, Jr.
Bankr. D. Neb. · 2019 · confidence medium
Heape v. Citadel Bank of Independence (In re Heape), 886 F.2d 280, 282 (10th Cir. 1989); Matter of Thompson, 750 F.2d 628, 630 (8th Cir. 1984).
discussed Cited as authority (rule) In re Gentry (2×)
Bankr. W.D. Mo. · 2014 · confidence medium
Id. at 630. .
cited Cited as authority (rule) Jeremy Cleaver v. Albert Warford
8th Cir. BAP · 2009 · confidence medium
Heape v. Citadel Bank of Independence (In re Heape), 886 F.2d 280, 282 (10th Cir. 1989); Matter of Thompson, 750 F.2d 628, 630 (8th Cir. 1984).
cited Cited as authority (rule) Cleaver v. Warford (In Re Cleaver)
8th Cir. BAP · 2009 · confidence medium
Heape v. Citadel Bank of Independence (In re Heape), 886 F.2d 280, 282 (10th Cir.1989); Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited as authority (rule) LaSalle Bank, N.A. v. Takes (In Re Takes) (2×) also: Cited "see, e.g."
N.D. Iowa · 2005 · confidence medium
Eilbert, 162 F.3d at 525 ; In re Huebner, 986 F.2d 1222, 1224 (8th Cir.1993); Thompson, 750 F.2d at 630.
cited Cited as authority (rule) In Re Flitter
Bankr. D. Minn. · 1995 · confidence medium
In re Thompson, 750 F.2d at 630-31. 13 The remedy will lie against the balance of the assets in controversy here, the farm machinery and equipment that is properly allowed as exempt to the Debtors.
cited Cited as authority (rule) In Re Kane
Bankr. D. Kan. · 1993 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984); In re Newbury, 70 B.R. 1 (Bankr.D.Kan.1985).
discussed Cited as authority (rule) In Re Neal (2×) also: Cited "see"
Bankr. W.D. Tex. · 1992 · confidence medium
See In re Heape, 886 F.2d 280, 282 (10th Cir.1989); In re Thompson, 750 F.2d 628, 630 (8th Cir.1984); cf. In re Thompson, 867 F.2d 416, 420-21 (7th Cir.1989) (using state law definition for § 522(f)(2)(B) purposes).
discussed Cited as authority (rule) In Re Smith
Bankr. E.D. Cal. · 1990 · confidence medium
Rather, although states such as California which have opted out of the federal exemption scheme have the exclusive jurisdiction to restrict the availability of exemptions, the availability of lien avoidance is a matter strictly governed by federal law. {Matter of Thompson, 750 F.2d 628, 630 (8th Cir. 1984); In re Thornton, 91 B.R. 913, 914 (Bkrtcy.C.D.Cal.1988); In re Eveland, 87 B.R. 117, 121 (Bkrtcy.E.D.Cal.1988)).
cited Cited as authority (rule) In Re Indvik
Bankr. D. Iowa · 1990 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited as authority (rule) In Re McCain
Bankr. E.D. Mo. · 1990 · confidence medium
From the standpoint of lien avoidance, “only those personal goods necessary to the debtor’s new beginning and of little resale value fit the federal bankruptcy philosophy embodied in § 522(f)(2).” Matter of Thompson, 750 F.2d 628, 631 (8th Cir 1984).
discussed Cited as authority (rule) In Re Scott Thompson and Peggy Jo Thompson, Debtors. Production Credit Association of Mankato v. Scott Thompson and Peggy Jo Thompson
8th Cir. · 1989 · confidence medium
Although a state may elect to control what property is exempt under state law, federal law determines the availability of lien avoidance under section 522(f) of the Code. 2 Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited as authority (rule) Aetna Finance Co. v. Leonard (In re Leonard)
10th Cir. · 1989 · confidence medium
For other cases generally in accord with this reasoning, see In re Thompson, 750 F.2d 628 (8th Cir.1984) (wherein the Eighth Circuit stated: “Although a state may elect to control what property is exempt under state law, federal law determines the availability of a lien avoidance.” Id. at 630); In re Brown, 734 F.2d 119 (2d Cir.1984) (wherein the court held that a debtor is permitted, even if he lacks an equity interest, to avoid the fixing of a lien.
discussed Cited as authority (rule) In Re Leonard
10th Cir. · 1989 · confidence medium
For other cases generally in accord with this reasoning, see In re Thompson, 750 F.2d 628 (8th Cir.1984) (wherein the Eighth Circuit stated: "Although a state may elect to control what property is exempt under state law, federal law determines the availability of a lien avoidance." Id. at 630); In re Brown, 734 F.2d 119 (2d Cir.1984) (wherein the court held that a debtor is permitted, even if he lacks an equity interest, to avoid the fixing of a lien.
discussed Cited as authority (rule) In Re Vale
Bankr. N.D. Ind. · 1989 · confidence medium
From the standpoint of lien avoidance, “only those personal goods necessary to the debtor’s new beginning and of little resale value fit the federal bankruptcy philosophy embodied in § 522(f)(2).” Matter of Thompson, 750 F.2d 628, 631 (8th Cir.1984).
cited Cited as authority (rule) In Re Oglesby
Bankr. E.D. Mo. · 1989 · confidence medium
The Gray court cited the 8th Circuit opinion of Matter of Thompson, 750 F.2d 628, 631 (8th Cir.1984) for a general description of the items of property which are within § 522(f)(2)(A).
discussed Cited as authority (rule) In Re Graettinger
Bankr. D. Iowa · 1988 · confidence medium
The Eighth Circuit Court of Appeals held that “[although a state may elect to control what property is exempt under state law, federal law determines the availability of lien avoidance.” Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984). 3 Thompson recognized that the “opt out” provision of § 522(b)(2)(A) allows state law to determine only what property may be exempted from the estate.
cited Cited as authority (rule) Thornton v. ITT Financial Corp. (In Re Thornton)
Bankr. C.D. Cal. · 1988 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984); In re Eveland, 87 B.R. 117, 121 (Bkrtcy.E.D.Cal.1988).
cited Cited as authority (rule) In Re Gray
Bankr. W.D. Mo. · 1988 · confidence medium
Matter of Thompson, 750 F.2d 628, 631 (8th Cir.1984) (footnote omitted).
discussed Cited as authority (rule) Matter of Simmons (2×)
Bankr. S.D. Iowa · 1988 · confidence medium
“Although a state may elect to control what property is exempt under state law, federal law determines the availability of a lien avoidance.” Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
cited Cited as authority (rule) In Re Heape
D. Kan. · 1988 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984); In re Newbury, 70 B.R. 1 (Bankr.D.Kan.1985); In re Eakes, 69 B.R. 497, 498 (Bankr.W.D.Mo.1987).
cited Cited as authority (rule) In re Clausen
N.D. Iowa · 1988 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
cited Cited as authority (rule) In Re Dykstra
Bankr. D. Iowa · 1987 · confidence medium
In the Matter of Thompson, 750 F.2d 628, 631 (8th Cir.1984).
cited Cited as authority (rule) In re Smith
N.D. Iowa · 1987 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
cited Cited as authority (rule) In Re Bigalk
Bankr. D. Minn. · 1987 · confidence medium
In Thompson, the Eighth Circuit recognized that the farmer-debtor’s hog-raising activity was “a capital business venture, financed as such.” 750 F.2d at 630 (emphasis added). 6 .
cited Cited as authority (rule) Eakes v. Farmers Home Administration (In Re Eakes)
Bankr. W.D. Mo. · 1987 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited as authority (rule) Central National Bank & Trust Co. v. Liming (2×) also: Cited "see"
10th Cir. · 1986 · confidence medium
We concur with the bankruptcy judge that the Thompsons’ pigs were not the sort of low value personal goods in which ‘adhesion contract’ security interests are taken." Thompson, 750 F.2d at 631 (footnote omitted).
discussed Cited as authority (rule) In Re Liming (2×) also: Cited "see"
10th Cir. · 1986 · confidence medium
We concur with the bankruptcy judge that the Thompsons' pigs were not the sort of low value personal goods in which 'adhesion contract' security interests are taken." Thompson, 750 F.2d at 631 (footnote omitted)
discussed Cited as authority (rule) Boyer v. ITT Financial Services (In Re Boyer)
Bankr. E.D. Mo. · 1986 · confidence medium
From the standpoint of lien avoidance, “only those personal goods necessary to the debtor’s new beginning and of little resale value fit the federal bankruptcy philosophy embodied in § 522(f)(2).” Matter of Thompson, 750 F.2d 628, 631 (8th Cir.1984).
cited Cited as authority (rule) In re Fuller
E.D. Mo. · 1985 · confidence medium
Matter of Thompson, 750 F.2d 628, 680 (8th Cir.1984).
cited Cited as authority (rule) In re Graham
E.D. Mo. · 1985 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited as authority (rule) Matter of Myers (2×) also: Cited "see"
Bankr. S.D. Iowa · 1985 · confidence medium
Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited as authority (rule) Production Credit Ass'n of St. Cloud v. LaFond
D. Minnesota · 1985 · confidence medium
Legislative history indicates that the lien avoidance provisions were designed to “provide debtors with a mechanism by which they could extricate themselves from ‘adhesion contracts’ impairing a ‘fresh start.’ Legislators were concerned with creditors who, in loaning money, took security interests in all of a debtors’ personal belongings, and then threatened repossession as a means of coercing repayment from frightened debtors.” Thompson, 750 F.2d at 630 (citations omitted).
cited Cited as authority (rule) In Re Newbury
Bankr. D. Kan. · 1985 · confidence medium
Although a state may elect to control what property is exempt under state law, federal law determines the availability of a lien avoidance, Matter of Thompson, 750 F.2d 628, 630 (8th Cir.1984).
discussed Cited "see" In re: David William Bigelow and Marcia Joan Bigelow
Bankr. W.D. Mo. · 2026 · signal: see · confidence high
See In re Thompson, 750 F.2d 628 , 631 (8th Cir. 1984) (concluding, in the lien avoidance context, that mere categorization of an item as a household good cannot overcome the fact that an item has primarily been used for commercial purposes).
cited Cited "see" In Re Gonshorowski
Bankr. N.D. Ala. · 1990 · signal: see · confidence high
See In the Matter of Thompson, 750 F.2d 628 (8th Cir.1984) and In re Spears, 46 B.R. 255 (Bankr.W.D.Va.1984). 2 .
cited Cited "see" Walnut Valley State Bank of El Dorado v. Coots
D. Kan. · 1986 · signal: see · confidence high
See Matter of Thompson, 750 F.2d 628, 631 (8th Cir.1984); Matter of Noggle, 30 B.R. 303, 306 (Bankr.E.D.Mich.1983); In re Meany, 35 B.R. 3 (Bankr.D.Kan.1982).
discussed Cited "see, e.g." In Re Zieg
Bankr. W.D. Mo. · 2009 · signal: see, e.g. · confidence low
See, e.g., In re Thompson, 750 F.2d 628 (8th Cir.1984) (holding that “personal goods necessary to the debtor’s new beginning and of little resale value fit the federal bankruptcy philosophy embodied in [§ ] 522(f)(2).”); In re Ray, 83 B.R. 670, 673 (Bankr.E.D.Mo. 1988) (defining “household goods” to include personal property found in a debtor’s residence and necessary to the functioning of a household or normally used by and found in the residence of a debtor, including items which, while not being luxuries, are convenient or useful to a reasonable existence; holding that lawn equ…
discussed Cited "see, e.g." Matter of Raines
Bankr. N.D. Ga. · 1993 · signal: see also · confidence low
One common approach defines the term as “only those goods that are found and used in or around the debtor’s home and that are necessary to a debtor’s fresh start after bankruptcy.” In re McGreevy, 955 F.2d 957, 959 (4th Cir.1992) (emphasis in original) (discussing, but not adopting, various definitions used by courts); see also In re Thompson, 750 F.2d 628 , 631 (8th Cir.1984); In re McCain, 114 B.R. 652, 653 (Bankr.E.D.Mo. 1990); In re Oglesby, 98 B.R. 960, 962 (Bankr.E.D.Mo.1989); In re Wright, 34 B.R. 643, 645 (Bankr.W.D.Ky.1983).
cited Cited "see, e.g." In Re Cook
Bankr. E.D. Ark. · 1993 · signal: see, e.g. · confidence low
See, e.g., In re Thompson, 750 F.2d 628 (8th Cir.1984); In re Isom, 95 B.R. 148 (9th Cir.1988); In re Meyers, 2 B.R. 603 (E.D.Mich.1980). “5.
cited Cited "see, e.g." In re Dana
Bankr. D. Neb. · 1990 · signal: see also · confidence low
See also In re Thompson, 750 F.2d 628 (8th Cir.1984), holding that a nonpurchase-money security interest in pigs is not avoidable.
Retrieving the full opinion text from the archive…
11 Collier bankr.cas.2d 1024, Bankr. L. Rep. P 70,155 in the Matter of Russell Thompson and Dixie A. Thompson, Engaged in Farming, Debtors. Petition of Russell Thompson and Dixie A. Thompson
84-1260.
Court of Appeals for the Eighth Circuit.
Dec 5, 1984.
750 F.2d 628
Cited by 27 opinions  |  Published

750 F.2d 628

11 Collier Bankr.Cas.2d 1024, Bankr. L. Rep. P 70,155
In the Matter of Russell THOMPSON and Dixie A. Thompson,
Engaged in Farming, Debtors.
Petition of Russell THOMPSON and Dixie A. Thompson.

No. 84-1260.

United States Court of Appeals,
Eighth Circuit.

Submitted Oct. 9, 1984.
Decided Dec. 5, 1984.

C.R. Hannan, Council Bluffs, Iowa, for debtors.

Steven H. Krohn, Council Bluffs, Iowa, for creditor.

Before LAY, Chief Judge, ROSS and McMILLIAN, Circuit Judges.

LAY, Chief Judge.

[*~628]1

Bankrupt debtors, Russell and Dixie Thompson, claim a lien avoidance under federal bankruptcy law on certain livestock. The livestock consists of 210 pigs under six months of age and valued at $4,500. The bankruptcy judge, the Honorable Richard Stageman, found in favor of the secured creditor, the Agricultural Production Credit Association (APCA). Judge Stageman ruled that the pigs, although exempt under state law, were not subject to avoidance under federal law. This appeal followed.[1] We affirm the judgment of the bankruptcy court.

2

The Thompsons filed a voluntary petition in bankruptcy under Chapter 11 of the Bankruptcy Reform Act of 1978, 11 U.S.C. Secs. 1101-74 (1982). The Bankruptcy Act gives debtors a choice between a set of federal exemptions and the applicable state exemptions, unless state law prevents the debtor from electing the federal exemptions. See 11 U.S.C. Sec. 522(b) (1982). Iowa has passed legislation that limits its debtors to exemptions available under state law. See Iowa Code Ann. Sec. 627.10 (West Supp.1984). The controlling Iowa law allows a debtor to claim an exemption on all pigs under six months. See Iowa Code Ann. Sec. 627.6(5) (West Supp.1984).

3

Although a state may elect to control what property is exempt under state law, federal law determines the availability of a lien avoidance. See, e.g., In re Wright, 34 B.R. 643 (Bankr.W.D.Ky.1983); Note, Avoiding Liens Under the New Bankruptcy Code: Construction and Application of Section 522(f), 15 U.Mich.J.L.Ref. 577 (1982) (hereinafter cited as Avoiding Liens ). Section 522(f)(2)(A) provides:

4

Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is--

5

* * *

6

* * *

7

(2) a nonpossessory, nonpurchase-money security interest in any--

8

(A) household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor[.]

9

Section 522(f)(2) was first introduced into the bankruptcy laws in 1978. As the legislative history shows, Congress determined that a lien avoidance provision was necessary to provide debtors with a mechanism by which they could extricate themselves from "adhesion contracts" impairing a "fresh start." Legislators were concerned with creditors who, in loaning money, took security interests in all of a debtor's personal belongings, and then threatened repossession as a means of coercing repayment from frightened debtors. See H.R.Rep. No. 595, 95th Cong., 2d Sess. 126-27, reprinted in 1978 U.S.Code Cong. & Ad.News 5787, 6087-88 (hereinafter cited as 1978 U.S.Code Cong. & Ad.News). Section 522(f)(2) was envisioned as of "significance for the average consumer debtor." 1978 U.S.Code Cong. & Ad.News at 6088. See also United States v. Security Industrial Bank, 459 U.S. 70, 84, 103 S.Ct. 407, 415, 74 L.Ed.2d 235 (1982) (Blackmun, J., concurring) ("[T]he security interest seems to have little direct value and weight in its own right and appears useful mainly as a convenient tool with which to threaten the debtor to reaffirm the underlying obligation * * *.").

10

The bankruptcy judge held that the APCA lien did impair an allowable exemption. The judge further held, however, that the pigs were not "held primarily for the personal, family, or household use" of the debtors. Judge Stageman observed:

[*~629]11

The debtor is engaged in the business of farming. He is raising livestock on a commercial scale, and it cannot be argued that the livestock or animals are used as pets or for personal slaughter to be consumed by his family. The debtor is asking the court to effectively eliminate the requirement that these items be held for personal, family or household use for the debtor.

12

The hogs of this debtor are a capital business venture, financed as such.

13

In re Thompson, 46 B.R. 1, 2 (Bankr.S.D.Iowa 1984).

14

The Thompsons urge that the pigs were for personal use because some of the animals would have been consumed and some would have been sold to provide income for the Thompsons' "fresh start." The debtors argue that even if all 210 pigs were not subject to avoidance, a small number of pigs should have been avoidable because they were to have been used directly or indirectly for personal consumption. The Thompsons, however, presented no evidence showing that the pigs were not livestock raised as a commercial enterprise. We agree with the creditor that categorizing the pigs as unrealized income does not convert the animals into property used primarily for personal, family, or household use.

15

In a related point, the Thompsons contend that the section 522(f)(2)(A) class of "animals" represents a farmer's unrealized wages and that this class is exempt because such "animal wages" aid in providing a debtor-farmer with a "fresh start." We agree that the debtors' reasoning explains in part the purpose behind federal and state exemption provisions. The federal lien avoidance statute, however, has a different objective than that of the exemption statutes. See, e.g., Sweeney v. Pacific Finance Co., (In re Sweeney ), 7 B.R. 814 (Bankr.E.D.Wis.1980), aff'd on reh'g en banc sub nom. In re Gifford, 688 F.2d 447 (7th Cir.1982). Although Congress was interested in seeing that debtors achieve a fresh start, the primary goal of the lien avoidance statute was to prevent creditors from forcing debtors in bankruptcy to reaffirm consumer debts. Not every item exempt under state or federal law can be avoided under section 522(f)(2). Congress was concerned that a balance be maintained between creditors and debtors. The Bankruptcy Reform Act of 1978 was not intended to be "pro-debtor." See Note, Avoiding Liens, 15 U.Mich.J.L.Ref. at 582. As Justice Blackmun has observed:

16

Section 522(f)(2) permits the debtor to "avoid the fixing" of a nonpossessory, nonpurchase-money security interest in certain property, but the subsection does not extend to all property otherwise exempt * * *. It is limited to certain personal items, such as household furnishings, wearing apparel, jewelry, tools of the debtor's trade, and professionally prescribed health aids.

17

United States v. Security Industrial Park, 459 U.S. 70, 83, 103 S.Ct. 407, 415, 74 L.Ed.2d 235 (1982) (Blackmun, J., concurring) (emphasis added).

18

In conclusion, we hold that only those personal goods necessary to the debtor's new beginning and of little resale value fit the federal bankruptcy philosophy embodied in section 522(f)(2).[2] We concur with the bankruptcy judge that the Thompsons' pigs were not the sort of low value personal goods in which "adhesion contract" security interests are taken. The APCA nonpurchase-money security interest in the 210 pigs is not avoidable under 11 U.S.C. Sec. 522(f)(2)(A) (1982).

[*~630]19

Judgment affirmed.

1

The parties consented to a direct appeal from the bankruptcy court to the court of appeals. This court has jurisdiction over the Thompsons' appeal under Pub.L. No. 95-598, title IV, Sec. 405(c)(1)(B), Nov. 6, 1978, 92 Stat. 2685, the Bankruptcy Transition Provisions. The relevant section of the Bankruptcy Transition Provisions was effective between October 1, 1979, and March 31, 1984. This appeal was filed February 22, 1984, over thirty days before the end of the transition period

2

As stated by the court in Credithrift of America, Inc. v. Meyers (In re Meyers), 2 B.R. 603, 606 (Bankr.E.D.Mich.1980): "Congress did not intend to place all nonpurchase-money secured loans in jeopardy when the debtor filed a bankruptcy petition. [Legitimate sources of security are] not the kind of collateral that gave rise to the problems with which section 522(f) was concerned."