Legal Opinion
In Re Allen
United States Bankruptcy Court, S.D. Illinois
Decided January 22, 1998No. 19-30044PublishedCited by 3 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
At issue in this case is whether a judicial lien filed to collect an award of attorney fees entered in a paternity action against debtor, Craig Allen, comes within the exception of 11 U.S.C. § 522(f)(1)(A), which precludes avoidance of a judicial hen against exempt property if the hen secures a debt that is in the nature of support. Debtors Craig and Deborah Allen have filed a motion under § 522(f)(1)(A) to avoid the judicial hen of attorney Robert Rath as impairing an exemption of homestead claimed by them in their residence. Attorney Rath objects,…
2Cases cited10 opinions
- In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
- In Re Keith Alan Kline, Debtor. Ronald R. Holliday v. Keith Alan KlineCourt of Appeals for the Eighth Circuit · 1995
- In Re Sharon N. Miller, Debtor. Sharon N. Miller v. Gerald Gentry, ph.d. And Micheline Z. BurgerCourt of Appeals for the Tenth Circuit · 1995
- Deeb v. Morris (In Re Morris)United States Bankruptcy Court, D. Colorado · 1981
- In the Matter of Linda M. Rios, Debtor. Appeal of Diana D. DubroffCourt of Appeals for the Seventh Circuit · 1990
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3Cited by3 opinions
- Aldrich v. Papi (In Re Papi)United States Bankruptcy Court, N.D. Illinois · 2010
- In Re KestellaUnited States Bankruptcy Court, S.D. Ohio · 2001
- Michael S. Mahoney, PC v. Jacquelyn B. Sanders-DavenportUnited States Bankruptcy Court, W.D. Michigan · 2022