Legal Opinion

William F. Sandoval Irrevocable Trust v. Taylor (In Re Taylor)

Court of Appeals for the Tenth Circuit

Decided August 14, 2018No. 17-1241PublishedCited by 23 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

We are presented in this appeal with a question of statutory interpretation. Debtor Mark Taylor seeks to avoid a set of liens that the William F. Sandoval Irrevocable Trust (the "Trust") recorded on his home, which Taylor jointly owns with his former wife. The Bankruptcy Code provides that a debtor may avoid certain liens that impair an exemption, and sets forth a formula to determine the extent to which an exemption is impaired. 11 U.S.C § 522(f). We must determine how that formula applies to a homestead exemption when a home is jointly owned with a non-debtor.

*1128 Based on…

2Cases cited19 opinions

  1. Farrey v. SanderfootSupreme Court of the United States · 1991
  2. Allen v. Geneva Steel CompanyCourt of Appeals for the Tenth Circuit · 2002
  3. Ralph Robbins v. Larry Chronister, in His Personal and Official Capacity, United States of America, IntervenorCourt of Appeals for the Tenth Circuit · 2006
  4. Nelson v. ScalaCourt of Appeals for the First Circuit · 1999
  5. In Re: Dean Allen Kolich Michelle Rene Kolich, Debtors. Dean Allen Kolich Michelle Rene Kolich v. Antioch Laurel Veterinary HospitalCourt of Appeals for the Eighth Circuit · 2003

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

3Cited by23 opinions

  1. May v. SegoviaCourt of Appeals for the Tenth Circuit · 2019
  2. MCINTOSH v. WATKINSSupreme Court of Oklahoma · 2019
  3. Kansas Natural Resource v. United States Dept of InteriorCourt of Appeals for the Tenth Circuit · 2020
  4. Ohlsen v. United StatesCourt of Appeals for the Tenth Circuit · 2021
  5. MCINTOSH v. WATKINSSupreme Court of Oklahoma · 2019

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API