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In re Penrose, Case No. 91-00882-7 (10/10/1991) -- Judge Thomas S. Utschig

Case Summary:
Novation of retail seller's purchase money security interest in household goods sold to debtor on credit did not occur upon the seller's assignment of the sale contract to a third-party finance company.  Finance company had a close nexus with the retail seller which predated the sale of goods to the debtor.  Sale was consummated by the seller in reliance on the finance company's pre-sale approval of a credit application submitted by the debtor.

Statue/Rule References:
11 U.S.C. § 522(f) -- Lien Avoidance
Wis. Stat. § 409.107 -- Purchase Money Security Interest

Key Terms:
Novation
Security Interests -- Purchase Money


Date: 
Thursday, October 10, 1991