Legal Opinion
Albirio D Mirabal and Teri L Mirabal
United States Bankruptcy Court, D. New Mexico
Decided December 2, 2024No. 23-10862Unknown
1Opinion
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: ALBIRIO D. MIRABAL and No. 23-10862-t13 TERI L. MIRABAL, Debtors. OPINION Debtors have claimed a state law homestead exemption on their house in this chapter 7 case. Pursuant to § 522(f),1 Debtors have moved to avoid two judgment liens allegedly impairing the homestead exemption. An evidentiary hearing on the § 522(f) motions has not been held, but the parties have raised the legal issue whether the Court can deny the motions if it finds that the judgments arose from Debtors’ fraudulent conduct. The Court, having reviewed the case…
2Cases cited21 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Morton v. MancariSupreme Court of the United States · 1974
- Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
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