Legal Opinion
In Re Shands
United States Bankruptcy Court, D. South Carolina
Decided October 10, 1985No. 19-01202PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
J. BRATTON DAYIS, Bankruptcy Judge.
This matter is before the court on the motion of the debtor to avoid, pursuant to 11 U.S.C. § 522(f), 1 a lien of his former wife, Evelyn Kay Shands, on his residence. The former wife contends that her lien is not a judicial lien (therefore, not avoidable under § 522(f)(1)) but is an equitable lien arising from the parties’ divorce settlement.
FACTS
Silas 0. Shands and Evelyn Kay Shands were divorced on September 29, 1983.
In the Family Court order dated August 12, 1983, it was stated that the parties had agreed that the debtor would pay…
2Cases cited4 opinions
- Boyd v. Robinson (In Re Boyd)District Court, D. Minnesota · 1983
- Wicks v. WicksUnited States Bankruptcy Court, D. Minnesota · 1982
- In Re PiambinoUnited States Bankruptcy Court, S.D. Florida. · 1984
- In Re MausUnited States Bankruptcy Court, D. Kansas · 1985
3Cited by13 opinions
- In Re MaylinUnited States Bankruptcy Court, D. Maine · 1993
- In Re Gary Raymond Donahue, Debtor. Linda K. (Donahue) Parker v. Gary Raymond Donahue, James T. Wiglesworth, Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1988
- In Re MontgomeryUnited States Bankruptcy Court, W.D. Texas · 1987
- In Re MitchellUnited States Bankruptcy Court, W.D. Texas · 1987
- Naqvi v. FisherDistrict Court, D. New Hampshire · 1995
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