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In re Shirel

United States Bankruptcy Court for the Western District of Oklahoma
251 B.R. 157 (2000)


Facts

Kevin Shirel (plaintiff) signed an application to apply for a credit card from Sight ‘N Sound Appliance Centers, Inc. (Sight and Sound) (defendant). The middle of the seven-page application stated that Sight and Sound would have a security interest in all merchandise that Shirel used the card to purchase. After the application was approved, Shirel purchased a refrigerator with the Sight and Sound credit card. Sometime later, Shirel filed for bankruptcy, identifying the balance of his credit-card debt as unsecured. Shirel moved to avoid the lien on the refrigerator, contending that the refrigerator was exempt from the bankruptcy proceedings. Sight and Sound objected to the claim of exemption. The bankruptcy court treated the motion as a request to determine the validity of Sight and Sound’s security interest.

Rule of Law

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Issue

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Holding and Reasoning (Bohanon, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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