Legal Opinion
Melvin v. Bank of Mount Dora (In re Melvin)
United States Bankruptcy Court, S.D. Florida.
Decided July 14, 1981No. Bankruptcy No. 81-00732-BKC-TCB; Adv. No. 81-0218-BKC-TCB-APublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
Debtors seek the avoidance of a judgment lien against their home under 11 U.S.C. § 522(f)(1). (C.P. No. 1). The defendant lienor has answered. (C.P. No. 4). The matter was tried before me on July 9, 1981.
The facts were stipulated at trial. Defendant obtained and perfected a judgment lien for $1,453 against the debtors on March 1, 1976. Debtors then owned their present home, which then and now qualifies as a homestead under Article X, § 4(aXl), Florida Constitution, which provides that the homestead is exempt from creditors’ claims and no…
2Cases cited4 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Rodrock v. Security Industrial BankCourt of Appeals for the Tenth Circuit · 1981
- Wallach v. LiebermanCourt of Appeals for the Second Circuit · 1966
- Albritton v. General Portland Cement Co.Supreme Court of Florida · 1977
3Cited by3 opinions
- Morris v. Midway Southern Baptist Church (In Re Newman)United States Bankruptcy Court, D. Kansas · 1995
- Stern v. Commonwealth of Massachusetts Alcohol Beverage Control Commission (In Re J.F.D. Enterprises, Inc.)United States Bankruptcy Court, D. Massachusetts · 1995
- Melvin v. Republic National Bank of Miami (In re Melvin)United States Bankruptcy Court, S.D. Florida. · 1981