Legal Opinion
In Re Dwight H. Owen, Debtor. Dwight H. Owen v. Helen Owen
Court of Appeals for the Eleventh Circuit
Decided July 11, 1989No. 88-3499PublishedCited by 17 opinions
1Opinion of the Court
RONEY, Chief Judge:
In this case, both the bankruptcy court and the district court concluded that 11 U.S.C.A. § 522(f) of the Bankruptcy Code did not permit a debtor to avoid a judicial lien on Florida homestead property when state law creating the homestead exemption would permit the lien to be enforced. We affirm.
The facts are not in dispute. The dates are important to show that the lien was effective prior to the date the debtor obtained homestead status for the property. Creditor Helen Owen obtained a final judgment against debtor Dwight Owen in Manatee County Circuit Court on December 1,…
2Cases cited5 opinions
- Owen v. Owen (In Re Owen)District Court, M.D. Florida · 1988
- Aetna Insurance Company v. LaGasseSupreme Court of Florida · 1969
- B. A. Lott, Inc. v. PadgettSupreme Court of Florida · 1943
- Volpitta v. FieldsDistrict Court of Appeal of Florida · 1979
- Porter-Mallard Co. v. DuggerSupreme Court of Florida · 1934
3Cited by17 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- In Re Rachel W. Opperman, Debtor. Wachovia Bank and Trust Company, N.A., Creditor-Appellee v. Rachel W. Opperman, Debtor-AppellantCourt of Appeals for the Fourth Circuit · 1991
- In Re Dwight H. Owen, Debtor. Dwight H. Owen v. Helen OwenCourt of Appeals for the Eleventh Circuit · 1992
- In Re Ethelrine Moreland, Debtor. Resolution Trust Corporation v. Ethelrine MorelandCourt of Appeals for the Sixth Circuit · 1994
- In Re StoneUnited States Bankruptcy Court, E.D. Washington · 1990
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