Legal Opinion
Nielsen v. Field (In re Nielsen)
United States Bankruptcy Court, D. Hawaii
Decided March 11, 2015No. Case No. 14-00974; Adv. Pro. No. 14-90044; Re: Docket No. 37, 40, 46, 59PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT
Robert J. Faris, United States Bankruptcy Judge
The debtors in this chapter 7 case are the settlors, lifetime beneficiaries, and trustees of a trust which they may revoke or amend at any time. They contributed real property to the trust. They live in one of the two buildings on the property. They have claimed a homestead exemption in the property and, in this adversary proceeding, seek to avoid certain judicial liens on the property. For the reasons stated below, I hold that such liens are avoidable under Bankruptcy Code §…
2Cases cited19 opinions
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- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Law v. SiegelSupreme Court of the United States · 2014
- Air-Sea Forwarders, Inc. v. Air Asia Company, Ltd., and E-Systems, Inc.Court of Appeals for the Ninth Circuit · 1989
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3Cited by3 opinions
- Pandy v. Independent BankSupreme Court of Colorado · 2016
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