Legal Opinion

Holland v. Star Bank, N.A. (In re Holland)

Court of Appeals for the Sixth Circuit

Decided July 31, 1998No. 97-3461PublishedCited by 24 opinions

1Opinion of the Court

OPINION

RALPH B. GUY, JR., Circuit Judge.

Debtors, Duane Hamilton Holland and Judith Lynne Holland, appeal the district court’s decision affirming the bankruptcy court. The bankruptcy judge had denied debtors’ motion to avoid judicial liens that they alleged impaired their exemption of homestead property from their bankruptcy estate. Based upon our review of the record *548and the arguments presented on appeal, we conclude that the motion should have been granted in light of the 1994 amendments to the Bankruptcy Code defining impairment, see 11 U.S.C. § 522(f)(2)(A), and, therefore, we reverse.

I

This…

2Cases cited6 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. In Re BrantzUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
  3. East Cambridge Savings Bank v. Silveira (In Re Silveira)Court of Appeals for the First Circuit · 1998
  4. In Re Ethelrine Moreland, Debtor. Resolution Trust Corporation v. Ethelrine MorelandCourt of Appeals for the Sixth Circuit · 1994
  5. In Re MillerUnited States Bankruptcy Court, N.D. Ohio · 1996

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

3Cited by24 opinions

  1. Tedeschi v. Falvo (In Re Falvo)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  2. In Re: Stuart C. Brinley, Debtor. Stuart C. Brinley, Appellee/cross-Appellant v. Lpp Mortgage, Ltd., Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2005
  3. In Re KimbleUnited States Bankruptcy Court, S.D. Ohio · 2006
  4. In Re SmithUnited States Bankruptcy Court, S.D. Ohio · 2001
  5. Kolich v. Antioch Laurel Veterinary Hospital, Inc. (In Re Kolich)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002

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

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