Legal Opinion
In Re McMorris
United States Bankruptcy Court, M.D. Louisiana
Decided September 16, 2010No. 09-11881PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
DOUGLAS D. DODD, Bankruptcy Judge.
Debtor Darvin Chris McMorris moved under 11 U.S.C. § 522(f) to avoid two judicial liens. Lienholder Iberia Bank (“Iberia”) objected. 1 This opinion explains the reasons the debtor is entitled to avoidance of both liens.
Facts
Iberia holds the debtor’s January 10, 2007 promissory note for $360,000. A mortgage on Ascension Parish immovable property that was not the debtor’s residence secured the Iberia debt. Iberia eventually foreclosed on the property by executory process and on November 19, 2009, filed in the Ascension Parish clerk of court’s…
2Cases cited10 opinions
- Banknorth, N.A. v. Hart (In Re Hart)Court of Appeals for the First Circuit · 2003
- In Re VincentUnited States Bankruptcy Court, D. Connecticut · 2000
- In Re SmithUnited States Bankruptcy Court, W.D. New York · 2001
- Ross v. Brown Title CorporationDistrict Court, E.D. Louisiana · 1973
- Guaranty Bank of Mamou v. Community Rice MillSupreme Court of Louisiana · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re PaceBankruptcy Appellate Panel of the Sixth Circuit · 2017
- First National Bank v. ElzaDistrict Court, E.D. Kentucky · 2015
- In Re RuckUnited States Bankruptcy Court, D. Kansas · 2011
- In re PaceBankruptcy Appellate Panel of the Sixth Circuit · 2017
- Nicholas J. Gramigna, Jr.United States Bankruptcy Court, D. Connecticut · 2024