Legal Opinion

In Re Shaff

United States Bankruptcy Court, D. Colorado

Decided August 31, 1993No. 19-10980PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER comes before the Court upon the Debtors’ Motion to Void Lien filed May 4, 1993. The lien is a judgment lien on the Debtors’ residence held by creditors Joseph and Shirley Cain.

Initially the Court notes that the Motion fails to comply with the mandates of In re Gomez, 140 B.R. 796 (Bankr.Colo.1992), and must be denied on that basis.

But more importantly, as this Court has previously held in In re Fry, 83 B.R. 778 (Bankr.Colo.1988), under Colorado law a judgment lien can never “impair” the Debtors’ homestead exemption…

2Cases cited8 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Farrey v. SanderfootSupreme Court of the United States · 1991
  3. In Re FryUnited States Bankruptcy Court, D. Colorado · 1988
  4. Robinson v. Robinson (In Re Robinson)District Court, D. Colorado · 1990
  5. Duden v. Rosenthal (In Re Duden)District Court, D. Colorado · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re Odell Lynard Sanders, Debtor. David Dorsey Distributing, Incorporated v. Odell Lynard SandersCourt of Appeals for the Tenth Circuit · 1994
  2. In Re DickinsonUnited States Bankruptcy Court, D. Colorado · 1995
  3. In Re ShafnerUnited States Bankruptcy Court, D. Colorado · 1994
  4. Howard v. American Credit Co. (In Re Howard)District Court, D. Colorado · 1994

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