Legal Opinion
In re Schmidtke
United States Bankruptcy Court, D. Colorado
Decided March 11, 2014No. Bankruptcy Case No. 09-18484 EEBPublishedCited by 3 opinions
1Opinion of the Court
Chapter 7
ORDER GRANTING MOTION TO AVOID JUDICIAL LIEN AND OVERRULING OBJECTION TO CLAIM OF EXEMPTION
Elizabeth E. Brown, Bankruptcy Judge
THIS MATTER is before the Court on the Debtors’ motion to avoid a judicial lien recorded against their primary residence under 11 U.S.C. § 522(f).1 The lienholder, North Carefree, LLC (“Creditor”), has objected to both this motion and the Debtors’ Amended Schedule C, claiming a homestead exemption. Both sides agree that, at the time of the bankruptcy filing, this home had a fair market value of $160,000, subject to two mortgages totaling $174,331. Thus, even…
2Cases cited30 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- Schwab v. ReillySupreme Court of the United States · 2010
- In Re MohringUnited States Bankruptcy Court, E.D. California · 1992
- In Re BrantzUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
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3Cited by3 opinions
- In re MendozaUnited States Bankruptcy Court, D. New Mexico · 2018
- In re: Cray R. Bauxmont-FlynnUnited States Bankruptcy Court, N.D. Oklahoma · 2026
- In re: JULIE ZAMORAUnited States Bankruptcy Court, D. New Mexico · 2025