Legal Opinion
England v. First National Bank of Bonham (In Re England)
United States Bankruptcy Court, N.D. Texas
Decided August 11, 1982No. 19-30749PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN FLOWERS, Bankruptcy Judge.
Debtor listed a screw machine used in his machine shop as exempt under Texas law and later filed a complaint to avoid a lien on the machine under 11 U.S.C. § 522(f). The lien secures the First National Bank of Bonham and is a nonpossessory, nonpur-chase-money security interest. The Bank objects to the lien avoidance alleging the screw machine is not exempt.
The threshold question is whether the Bank, which has not filed an objection to the Debtor’s exemption, may contest the exempt status of an asset in a § 522(f) action. The Bank argues the…
2Cases cited21 opinions
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- Green v. RaymondTexas Supreme Court · 1882
- Yparrea v. Roswell Production Credit Ass'n (In Re Yparrea)United States Bankruptcy Court, D. New Mexico · 1981
- Leonard Meritz and Paul D. Freed, Bankrupts v. Phil Palmer, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1959
- Hackett v. Commercial Banking Corp. (In Re Hackett)United States Bankruptcy Court, E.D. Pennsylvania · 1981
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re SiegmannSupreme Court of Oklahoma · 1988
- In Re WeissUnited States Bankruptcy Court, N.D. Texas · 1988
- In Re CertainUnited States Bankruptcy Court, D. Connecticut · 1983
- In Re HernandezUnited States Bankruptcy Court, W.D. Texas · 1991
- In Re KolschUnited States Bankruptcy Court, D. Nevada · 1986
4 more not listed; retrieve them via the Exa API.