Legal Opinion

In Re Bennett

United States Bankruptcy Court, W.D. Kentucky

Decided February 9, 1984No. 19-30543PublishedCited by 37 opinions

1Opinion of the Court

ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Lien avoidance, a debtor’s remedy we had thought laid to rest in this district, is sought to be disinterred by the motion at hand.

The short but troubled history of lien avoidance as an extraordinary supplement to a bankrupt debtor’s “fresh start” need not be recounted here. Suffice it to say that judicial decisions 1 and amendments to state law 2 have all but stricken from the books a concept that was just three years old, leaving only judicial liens within the power of a debtor to eradicate through bankruptcy.

This debtor’s motion would resurrect…

2Cases cited13 opinions

White v. StumpSupreme Court of the United States · 1924
J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
In the Matter of Philip A. Smith, Jr., Jeffery Stephen Pierce and Mary Kathryn Pierce and Jerry L. Montie Lamb and Claire Barnstead Lamb, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1981
Sight & Sound of Ohio, Inc. v. WrightDistrict Court, S.D. Ohio · 1983

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

3Cited by37 opinions

Robert Taylor v. Freeland & Kronz Wendell G. Freeland Richard F. KronzCourt of Appeals for the Third Circuit · 1991
In Re LevittUnited States Bankruptcy Court, D. Massachusetts · 1992
In Re Steven L. Peterson and Judith A. Peterson, Debtors. Mark C. Halverson, Panel Trustee v. Steven L. Peterson and Judith A. PetersonCourt of Appeals for the Eighth Circuit · 1990
In Re RollinsUnited States Bankruptcy Court, E.D. Tennessee · 1986
Fogler v. Flindall (In Re Flindall)United States Bankruptcy Court, D. Arizona · 1989

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