Legal Opinion

Higgins v. Closeout Distributors, Inc. (In Re Higgins)

District Court, S.D. Ohio

Decided August 13, 1993No. C-2-92-644PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HOLSCHUH, Chief Judge.

On July 5, 1991, Alvin L. Higgins, Sr., filed a bankruptcy petition under Chapter 7 of the Bankruptcy Code. In his petition, he listed Closeout Distributors as a creditor, noting that Closeout had obtained a judgment against him on April 25, 1991. He also listed his residence as an asset, and stated that it was encumbered by a first mortgage as well as Closeout’s judgment lien. He claimed various exemptions available to him under Ohio law, including, pursuant to Ohio Revised Code § 2329.-66(A)(1), a $5,000 homestead exemption for his residence.

Higgins…

2Cases cited21 opinions

  1. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  2. Wilko v. SwanSupreme Court of the United States · 1953
  3. United States v. TimmreckSupreme Court of the United States · 1979
  4. Owen v. OwenSupreme Court of the United States · 1991
  5. United States v. Mississippi Valley Generating Co.Supreme Court of the United States · 1961

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3Cited by12 opinions

  1. Tedeschi v. Falvo (In Re Falvo)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  2. Rogers v. Overstreet (In Re Rogers)United States Bankruptcy Court, N.D. Georgia · 1994
  3. In Re PorterUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  4. Tulin v. Recck (In Re Recck)United States Bankruptcy Court, N.D. Ohio · 1994
  5. United States v. WehuntDistrict Court, E.D. Tennessee · 2017

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

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