Legal Opinion

In Re Scarpa

United States Bankruptcy Court, W.D. New York

Decided April 17, 1986No. 1-17-11531Published

1Opinion of the Court

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The debtors, Julian A. Scarpa and Sybil E. Scarpa, brought a motion to avoid five judgment liens which were allegedly impairing their homestead exemptions. Because there was no opposition voiced by four of the judgment lienholders, the motion was granted avoiding those four liens. The fifth lienholder, Edgar W. Bly, opposed the motion on the grounds that the judgment was perfected prior to the enactment of the Bankruptcy Code section which the debtors were relying upon for the relief requested. Attorneys for the debtors and for Mr. Bly…

2Cases cited7 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. Holt v. HenleySupreme Court of the United States · 1914
  3. In Re AsheCourt of Appeals for the Third Circuit · 1982
  4. Hoffman v. Internal Revenue Service (In Re Hoffman)United States Bankruptcy Court, D. Maryland · 1983
  5. Auffm'ordt v. RasinSupreme Court of the United States · 1881

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