Legal Opinion
Baldwin v. Phillips (In re Phillips)
United States Bankruptcy Court, D. New Mexico
Decided October 21, 2014No. Bankruptcy No. 7-13-11987 TA; Adversary No. 13-1079 TPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
DAVID T. THUMA, Bankruptcy Judge.
Before the Court1 is whether to grant Debtor’s request to avoid four liens on her house, either because the subject debt has been paid or pursuant to § 522(f).2 Jeffrey T. Baldwin (“Baldwin”) argues in opposition that the underlying debts are still due and are for domestic support, so § 522(f)(1)(A) prevents avoidance. Lynda M. Latta (“Latta”) argues that her attorney charging lien is not a judicial lien and cannot be avoided under § 522(f). For the reasons set forth below, the Court finds *856that Baldwin’s liens are avoidable under § 522(f) but…
2Cases cited19 opinions
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
- In Re Philip Kelley Goin, D/B/A Kelley's Auto Supply, Debtor. Philip Kelley Goin, D/B/A Kelley's Auto Supply v. Donna Jo RivesCourt of Appeals for the Tenth Circuit · 1987
- In Re SampsonCourt of Appeals for the Tenth Circuit · 1993
- In Re Kenneth I. Strickland, Debtor. Kenneth I. Strickland v. John Hugh Shannon, Lauren J. StricklandCourt of Appeals for the Eleventh Circuit · 1996
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3Cited by2 opinions
- LTF Real Estate Co. v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
- In re OngaroUnited States Bankruptcy Court, D. New Mexico · 2016