Legal Opinion
In Re: Dean Allen Kolich Michelle Rene Kolich, Debtors. Dean Allen Kolich Michelle Rene Kolich v. Antioch Laurel Veterinary Hospital
Court of Appeals for the Eighth Circuit
Decided May 2, 2003No. 02-1829PublishedCited by 52 opinions
1Opinion of the Court
LOKEN, Chief Judge.
Section 522(f)(1) of the Bankruptcy Code provides that the debtor may avoid most judicial liens “to the extent that such lien impairs an exemption to which the debtor would have been entitled.” 11 U.S.C. § 522(f)(1). In this case, Chapter 7 debtors Dean and Michelle Kolich moved to avoid a judicial lien on their homestead held by Antioch Laurel Veterinary Hospital (“Antioch”). Applying the formula for determining when a lien impairs an exemption in § 522(f)(2)(A), the Eighth Circuit Bankruptcy Appellate Panel (“BAP”) concluded that the homestead exemption was impaired and…
2Cases cited8 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
- East Cambridge Savings Bank v. Silveira (In Re Silveira)Court of Appeals for the First Circuit · 1998
- Nelson v. ScalaCourt of Appeals for the First Circuit · 1999
- Zeigler Engineering Sales, Inc. v. Cozad (In Re Cozad)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In Re: Gary Wayne Colsen, Debtor. Gary Wayne Colsen v. United States of America, (Internal Revenue Service)Court of Appeals for the Eighth Circuit · 2006
- Owner-Operator Independent Drivers Association v. United Van LinesCourt of Appeals for the Eighth Circuit · 2009
- 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
- William F. Sandoval Irrevocable Trust v. Taylor (In Re Taylor)Court of Appeals for the Tenth Circuit · 2018
- In Re McGovernDistrict Court, S.D. Florida · 2003
47 more not listed; retrieve them via the Exa API.