Legal Opinion

Culver, LLC v. Chiu (In Re Chiu)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 23, 2001No. BAP No. CC-00-1339-MAPB, Bankruptcy No. SA 95-17494 JBPublishedCited by 50 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The bankruptcy court avoided the lien of Culver, LLC (“Culver”) on the debtors’ former homestead property, which had been voluntarily sold to a third party before the reopening of the debtors’ bankruptcy case. The bankruptcy court ruled that such lien avoidance related back to the date of the filing of the bankruptcy petition. Culver appeals, and contends that the plain language of § 522(f)(1) 1 required the debtors to have an ownership interest in the homestead property at the time that they filed the motion to avoid the lien. We AFFIRM.

FACTS

When…

2Cases cited44 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989

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3Cited by50 opinions

  1. Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In Re Thorpe Insulation Co.)Court of Appeals for the Ninth Circuit · 2012
  2. Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  3. In Re: Thomas Kai-Ming Chiu in Re: Linda Luk Chiu, Debtors, Culver, LLC v. Thomas Kai-Ming Chiu Linda Luk ChiuCourt of Appeals for the Ninth Circuit · 2002
  4. Hopkins v. Cerchione (In Re Cerchione)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  5. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

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