Legal Opinion
In Re Sweeting
United States Bankruptcy Court, W.D. New York
Decided March 23, 1992No. 2-19-20046PublishedCited by 4 opinions
1Opinion of the Court
DECISION
JOHN C. NINFO, II, Bankruptcy Judge.
The debtors have brought this motion, pursuant to 11 U.S.C. § 522(f)(1), to avoid a judgment lien to the extent such lien impairs their homestead exemption. There appears to be no dispute as to the facts. The issue is whether a judgment lien may be avoided under Section 522(f)(1) when there is a junior mortgage which postdates and follows the lien in priority under state law.
At the time the voluntary Chapter 7 petition was filed on October 18, 1991, the debtors owned a residence located at 208 Evergreen Road, Brockport, New York, as tenants by the…
2Cases cited4 opinions
- In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
- In Re BraddonUnited States Bankruptcy Court, W.D. New York · 1986
- Silver v. Savings Bank of Manchester (In Re Fiore)United States Bankruptcy Court, D. Connecticut · 1983
- In Re BaldwinUnited States Bankruptcy Court, W.D. Pennsylvania · 1988
3Cited by4 opinions
- In Re WhiteheadUnited States Bankruptcy Court, W.D. New York · 1998
- In Re ClarkUnited States Bankruptcy Court, E.D. Virginia · 1998
- In Re WallaceUnited States Bankruptcy Court, W.D. New York · 2011
- In re DilibertoDistrict Court, D. New York · 1993