Legal Opinion
In Re Boswell
United States Bankruptcy Court, N.D. Ohio
Decided December 3, 1992No. 19-30561PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
DAVID F. SNOW, Bankruptcy Judge.
The Debtor filed a motion in this chapter 13 case to avoid a judicial lien on his home held by Society National Bank. The Bank has objected on the ground that the Debtor may not invoke the homestead exemption to avoid a judicial lien where the Debtor will continue to own and occupy the home pursuant to his chapter 13 plan. According to the parties’ pleadings and briefs the fair market value of the home is about equal to the $17,000 balance of the mortgage on the home and the Bank’s judgment lien, which exceeds $18,000. The Debtor’s plan…
2Cases cited11 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
- In Re Rachel W. Opperman, Debtor. Wachovia Bank and Trust Company, N.A., Creditor-Appellee v. Rachel W. Opperman, Debtor-AppellantCourt of Appeals for the Fourth Circuit · 1991
- In Re Dwight H. Owen, Debtor. Dwight H. Owen v. Helen OwenCourt of Appeals for the Eleventh Circuit · 1992
- Ford Motor Credit Corp. v. Dixon (In re Dixon)Court of Appeals for the Sixth Circuit · 1989
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3Cited by4 opinions
- Higgins v. Closeout Distributors, Inc. (In Re Higgins)District Court, S.D. Ohio · 1993
- In Re MershmanUnited States Bankruptcy Court, N.D. Ohio · 1993
- In Re ColstonUnited States Bankruptcy Court, S.D. Ohio · 1997
- In Re CushmanUnited States Bankruptcy Court, N.D. Ohio · 1995