Legal Opinion
In Re McRoy
United States Bankruptcy Court, D. Kansas
Decided December 20, 1996No. 19-10297PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JOHN T. FLANNAGAN, Bankruptcy Judge.
This ease involves the Kansas common law doctrine of constructive occupancy of a homestead.
Ralph and Velma Collins sued Elmer McRoy in the District Court of Leavenworth County, Kansas, and obtained a default judgment on January 22, 1991. 2 Elmer and his wife, Louise, filed for Chapter 7 relief on January 26,1993, and moved under 11 U.S.C. § 522(f) to avoid the Collinses’ alleged judgment lien against their residence.
Section 522(f) permits the debtor to “avoid the fixing of a lien on an interest of the debtor in property to the extent…
2Cases cited7 opinions
- In the Matter of E.C. Henderson and Phyllis Henderson, Debtors. E.C. Henderson and Phyllis Henderson v. Lee BelknapCourt of Appeals for the Fifth Circuit · 1994
- Blankenship v. BlankenshipSupreme Court of Kansas · 1877
- Comm'rs of Leavenworth Co. v. BrewerSupreme Court of Kansas · 1872
- Bohl v. BohlSupreme Court of Kansas · 1983
- Jones v. St. Francis Hospital & School of Nursing, Inc.Supreme Court of Kansas · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re CisnerosUnited States Bankruptcy Court, D. New Mexico · 2000
- In re FakhariUnited States Bankruptcy Court, D. Kansas · 2016
- In re TapiaUnited States Bankruptcy Court, D. New Mexico · 2019
- In re FakhariUnited States Bankruptcy Court, D. Kansas · 2016