Legal Opinion

Gilbert v. Graham (In re Graham)

United States Bankruptcy Court, W.D. Virginia

Decided March 28, 1997No. 7-96-03094Published

1Opinion of the Court

DECISION AND ORDER

ROSS W. KRUMM, Chief Judge.

The issue before the Court is whether the Debtor’s homestead exemption, claimed in the proceeds from the sale of her residence, takes priority over Movants’ contractual claim for brokerage fees. The Court denied Movants’ objection to exemption on December 16,1996, and the present motion to alter or amend judgment followed. The parties were given an opportunity to submit memoranda in support of their respective positions, and a hearing was held on January 15, 1997. The Court has reviewed the record and the memoranda, and the matter is ripe for…

2Cases cited9 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
  3. Kelly Health Care, Inc. v. Prudential Insurance Co. of America, Inc.Supreme Court of Virginia · 1983
  4. Rinehart & Dennis Co. v. McArthurSupreme Court of Virginia · 1918
  5. S. L. Nusbaum & Co. v. Atlantic Virginia Realty Corp.Supreme Court of Virginia · 1966

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