Legal Opinion
Pennsylvania Department of Public Welfare v. Griggs (In Re Griggs)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 7, 1981No. 19-11454PublishedCited by 13 opinions
1Opinion of the Court
OPINION
WILLIAM A. KING, Jr., Bankruptcy Judge.
The issues before the court are: (1) whether a confession of judgment contained in a welfare reimbursement agreement constitutes a judicial lien on the real property of the debtors and (2) if the confession of judgment constitutes a judicial lien, whether considerations of federalism preclude the application of § 522(f) of the Bankruptcy Code to such a lien held by the Pennsylvania Department of Public Welfare (D.P.W.). We conclude that the lien, which the D.P.W. had by virtue of a confession of judgment against the debtors, was a judicial lien,…
2Cases cited6 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- National League of Cities v. UserySupreme Court of the United States · 1976
- City of Lafayette v. Louisiana Power & Light Co.Supreme Court of the United States · 1978
- In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
- Halderman v. Pennhurst State School & HospitalCourt of Appeals for the Third Circuit · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gardner v. Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1982
- In Re AikensUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re AikensUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Biddle v. Internal Revenue Service (In Re Biddle)United States Bankruptcy Court, N.D. Iowa · 1983
- Hankerson v. United States Department of Education (In Re Hankerson)United States Bankruptcy Court, E.D. Pennsylvania · 1991
8 more not listed; retrieve them via the Exa API.