Legal Opinion

Hershey v. Linzer (In Re Hershey)

District Court, S.D. Florida

Decided March 30, 1985No. 83-6567-CIV, Bankruptcy No. 82-01948-BKC-SMW, Adv. No. 83-0208-BKC-SMW-APublishedCited by 6 opinions

1Opinion of the Court

ORDER

ROETTGER, District Judge.

THIS CAUSE is before the court on appeal from a final judgment that was entered on April 11, 1983, in the United States Bankruptcy Court for the Southern District of Florida. 29 B.R. 214. An appeal was taken pursuant to Bankruptcy Rule 8001. This court has jurisdiction of the appeal pursuant to 28 U.S.C. § 158(a).

The Avoidance of Judicial Lien on Homestead Property

The appellant, SAUL M. HERSHEY, claims a debtor in bankruptcy may use 11 U.S.C. § 522(f)(1) to avoid the fixing of a judicial lien on property that in the absence of the lien would be exempt, even…

2Cases cited3 opinions

  1. In the Matter of Thomas Yale McManus and Betty Sue Smith McManus Bankrupts. Thomas Yale McManus and Betty Sue Smith McManus v. Avco Financial Services of Louisiana, Inc., in the Matter of Wallace Gipson and Bobbie Phenix Gipson, Bankrupts. Blazer Financial Services, Inc., Creditor/appellant v. Wallace Gipson and Bobbie Phenix Gipson, Debtors/appelleesCourt of Appeals for the Fifth Circuit · 1982
  2. Southern Discount Co. v. Maddox (In Re Maddox)District Court, N.D. Georgia · 1983
  3. Hershey v. Linzer (In re Hershey)United States Bankruptcy Court, S.D. Florida. · 1983

3Cited by6 opinions

  1. Owen v. Owen (In Re Owen)District Court, M.D. Florida · 1988
  2. Gibson Group, Ltd. of Pinellas County v. Cooper (In Re Cooper)District Court, M.D. Florida · 1996
  3. In Re ThompsonUnited States Bankruptcy Court, W.D. Texas · 1986
  4. Keenan v. Mt. Carmel Credit Union (In Re Keenan)United States Bankruptcy Court, D. Colorado · 1989
  5. In Re WilburUnited States Bankruptcy Court, M.D. Florida · 1998

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