Legal Opinion

Register v. Reese (In Re Register)

United States Bankruptcy Court, N.D. Georgia

Decided December 27, 1983No. 19-51796PublishedCited by 8 opinions

1Opinion of the Court

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

Plaintiff-debtors initiated this adversary proceeding to avoid a judgment lien held by defendant. Plaintiff-debtors argue that the judgment lien impairs an exemption on their real property to which they are entitled under Georgia law and, therefore, pursuant to 11 U.S.C. § 522(f)(1) this Court should avoid the lien. This Court has previously found that the language of § 522(f)(1) which permits the debtor to avoid the fixing of a judicial lien must be read in conjunction with state law. Orsburn v. The Diners Club, Inc. (In re Orsburn), 35 B.R.…

2Cases cited4 opinions

  1. Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
  2. Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
  3. Hand Trading Company v. DanielsCourt of Appeals of Georgia · 1972
  4. Orsburn v. Diners Club, Inc. (In Re Orsburn)United States Bankruptcy Court, N.D. Georgia · 1983

3Cited by8 opinions

  1. In Re DuncanUnited States Bankruptcy Court, D. Alaska · 1984
  2. Holloway v. John Hancock Mutual Life InsuranceCourt of Appeals for the Eleventh Circuit · 1996
  3. In Re BaldwinUnited States Bankruptcy Court, W.D. Pennsylvania · 1988
  4. Frost v. County of Santa Barbara (In Re Frost)United States Bankruptcy Court, C.D. California · 1990
  5. Hazard v. Overhead Door Co. of Madison, Inc. (In Re Hazard)District Court, W.D. Wisconsin · 1990

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