Legal Opinion
Weiman v. Stopher (In Re Weiman)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided July 14, 1982No. BAP CC-81-1031-KHVPublishedCited by 14 opinions
1Opinion of the Court
OPINION
Before KATZ, HUGHES and VOLINN, Bankruptcy Judges. HUGHES, Bankruptcy Judge:
The debtors have appealed an order holding that their home, although exempt from property of the estate, was subject to a continuing lien in favor of the trustee in bankruptcy.
The exemption claim was based on California Code of Civil Procedure § 690.31. The claim of lien was based on 11 U.S.C. § 544(a)(1). The order appealed provides that the trustee may enforce the lien if and when the debtors sell or refinance their exempt home.
Judge Volinn and I agree, but for different reasons, that the order should be…
2Cases cited3 opinions
- Sampsell v. StraubCourt of Appeals for the Ninth Circuit · 1952
- Baxter v. Kaiser (In Re Baxter)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Associates Financial Services Co. v. Dahdah (In Re Dahdah)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
3Cited by14 opinions
- Washington Mutual Savings Bank v. James (In Re Brooks)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Pieri v. Lysenko (In Re Pieri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Arkinson v. Gitts (In Re Gitts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Federal Land Bank of Columbia v. Tidwell (In Re McElwaney)United States Bankruptcy Court, M.D. Georgia · 1984
- In Re DonaldsonUnited States Bankruptcy Court, N.D. California · 1993
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