Transamerica Financial Services v. Matthews (In Re Matthews)

20 B.R. 654, 9 Bankr. Ct. Dec. (CRR) 171, 1982 Bankr. LEXIS 4812
CourtUnited States Bankruptcy Appellate Panel for the Ninth Circuit
DecidedFebruary 17, 1982
DocketBAP CC 81-1066HGV
StatusPublished
Cited by7 cases

This text of 20 B.R. 654 (Transamerica Financial Services v. Matthews (In Re Matthews)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Transamerica Financial Services v. Matthews (In Re Matthews), 20 B.R. 654, 9 Bankr. Ct. Dec. (CRR) 171, 1982 Bankr. LEXIS 4812 (bap9 1982).

Opinion

OPINION

HUGHES, Bankruptcy Judge:

Transamerica Financial Services appeals from orders fixing the value of an automobile for purposes of redemption, 11 U.S.C. § 722, and avoiding security interests in a television set and a piano, 11 U.S.C. § 522(f)(2). We affirm the valuation as not clearly erroneous but reverse the lien avoidance order.

I

Mr. and Mrs. Matthews borrowed $4548 from appellants on September 1, 1978. None of the loan proceeds were disbursed to the debtors; instead, Transamerica paid $2058 to O’Keefe’s Furniture for a television set and $2000 to Baldwin Music for a piano. The balance of the loan consisted of insurance premiums and fees paid to public agencies.

Transamerica secured the loan with a 1975 Datsun and all household goods of the debtors. It is conceded that the television set and the piano were covered by the household goods clause.

Somewhat more than a year later, on October 31,1979, debtors requested a reduction in their monthly payments. They then executed a new loan agreement whereby the balance of the first loan was paid off and debtors received $63 cash for amortization convenience.

The second loan was also secured by the 1975 Datsun automobile and by the piano and television set.

Upon filing bankruptcy, debtors sought a valuation of the 1975 Datsun for purposes of redemption. 11 U.S.C. § 722. They also asked the court to avoid Transamerica’s security interests in the piano and television set. 11 U.S.C. § 522(f)(2). The trial court fixed the value of the Datsun at $1000 and ordered the lien avoided. This appeal followed.

II

Evidence as to value of the automobile was minimal. Mr. Matthews gave his opinion and a Transamerica employee, who testified he had inspected the vehicle from the outside when the loan was made, gave his. Transamerica’s complaint is not that the valuation is clearly erroneous but that the trial judge should have sought additional evidence. However, it cites no authority for the proposition that the court, rather than the parties, has the duty of producing evidence. We are satisfied that there is no such duty and that the finding of $1000 value was not clearly erroneous.

*656 III

In avoiding Transamerica’s lien on the television set and piano, the trial court held that the transaction had lost its purchase money characteristic when the second loan was made. The appellees make a variety of arguments supporting that holding, all of which we find unpersuasive.

A.

Although purchase money security interests are expressly excepted from the avoiding power given the debtor by 11 U.S.C. § 522(f)(2), the Code does not define the term. It obviously applies to a transaction whereby the seller retains a security interest in the property sold. It also would seem applicable where, as here, the sole purpose of the loan was to buy specified property from third parties and that the property is used as collateral for the loan.

The Uniform Commercial Code, as adopted in California, is consistent with the foregoing definition. California Com.Code § 9107 reads:

A security interest is a “purchase money security interest” to the extent that it is
(a) Taken or retained by the seller of the collateral to secure all or part of its price; or
(b) Taken by a person who by making advances or incurring an obligation gives value to enable the debtor to acquire rights in or the use of collateral if such value is in fact so used.

Appellees do not disagree. They urge, however, that the purchase money character of the original transaction was lost on a variety of grounds. They argue:

1. The additional collateral (automobile and household goods) deprived it of its purchase money character, citing In re Booker, 9 B.R. 710 (M.D.Ga.1981).

2. If the original transaction was purchase money, it was paid off by the second loan and the second loan was not used to acquire the television set or piano.

3. Even if the second loan was merely a modification of the original loan, the collateral was security for $63 (not to mention insurance premiums), which is non-purchase money indebtedness. Citing some cases construing the Uniform Commercial Code and other cases construing 11 U.S.C. § 522(f)(2), appellees state that when property becomes security for debts other than its purchase price, any purchase money security interest that may exist is destroyed.

Appellees’ first two arguments need not detain us. Neither appellees nor the Booker court explain why the additional collateral should affect the purchase money nature of the security interest given in the television set and piano. Nothing in the Code nor the legislative notes is cited to support this result, nor is it suggested how the additional security conflicts in any way with the legislative objective of 11 U.S.C. § 522(f)(2).

Accordingly, we hold that for purposes of this provision the taking of additional, non-purchase money collateral does not affect the purchase money security interests in the television set and piano.

Whatever the form of the second transaction, it was sought by the debtors and was intended as a modification of the original loan for purposes of extending the monthly payments. We hold that it was a modification and that the form of the transaction did not work a conversion from purchase money to non-purchase money.

The more difficult argument remains to be considered.

B.

Appellees cite several bankruptcy court decisions in support of their position. Not all are apposite, however. In at least two cases, In re Coronado, 7 B.R. 53 (D.Ariz.1980) and In re Scott, 5 B.R. 37 (M.D.Pa.1980), the decision turned on law other than section 522(f)(2). The Coronado court held the security agreement was unenforceable because unconscionable and the Scott court denied reclamation under Pennsylvania’s version of the Uniform Commercial Code.

*657 Nevertheless, at least two other cases are on point. A security interest was avoided under section 522(f)(2) in In re Mulcahy, 3 B.R. 454 (S.D.Ind.1980) because the collateral was security for more than the unpaid purchase price. Likewise, section 522(f)(2) was invoked to avoid a lien in In re Krulik, 6 B.R.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Butler
160 B.R. 155 (D. Idaho, 1993)
Matthews v. Transamerica Financial Services
724 F.2d 798 (Ninth Circuit, 1984)
In Re Matthews
724 F.2d 798 (Ninth Circuit, 1984)
In Re Moore
33 B.R. 72 (D. Oregon, 1983)
Sprague v. Landaus of Plymouth, Inc. (In Re Sprague)
29 B.R. 711 (M.D. Pennsylvania, 1983)
Pierce v. Woodard (In Re Pierce)
29 B.R. 612 (E.D. North Carolina, 1983)
Fickey v. Bank of LaFayette (In Re Fickey)
23 B.R. 586 (E.D. Tennessee, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
20 B.R. 654, 9 Bankr. Ct. Dec. (CRR) 171, 1982 Bankr. LEXIS 4812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/transamerica-financial-services-v-matthews-in-re-matthews-bap9-1982.