Legal Opinion

Galvan v. Galvan (In Re Galvan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 21, 1990No. BAP No. NC-87-2035-MePeMo, Bankruptcy No. 586-2064-M, Adv. No. AL 860159PublishedCited by 60 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

We are asked whether 11 U.S.C. § 522(f)(1) may be employed to avoid the unsecured portion of a judicial lien. We AFFIRM in part and REVERSE in part.

II

FACTS

Nash and Wendy Galvan (“Debtors”) filed a joint petition under Chapter 13 of the Bankruptcy Code. The residence in which they held title at the time had a fair market value of $94,500 and was encumbered by an $82,207 senior trust deed and a $32,182 judicial lien, the latter having been fixed upon the property by Nash Galvan’s parents (“Parents”). The Debtors sought to remove the judicial lien. They filed a…

2Cases cited25 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
Philbrook v. GlodgettSupreme Court of the United States · 1975
In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984

20 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

In Re Sandor Chabot in Re Betty B. Chabot, Debtors. City National Bank v. Sandor Chabot Betty B. ChabotCourt of Appeals for the Ninth Circuit · 1993
Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
Yorke v. Citibank, N.A. (In Re BNT Terminals, Inc.)United States Bankruptcy Court, N.D. Illinois · 1991
Morgan v. Federal Deposit Insurance (In Re Morgan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
Hyman v. Plotkin (In Re Hyman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991

55 more not listed; retrieve them via the Exa API.