Katz v. Pike (In Re Pike)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
In this appeal, a creditor asserts that his judicial lien, which was created prior to the declared homestead, cannot be avoided, even though it impairs the debtor’s homestead exemption pursuant to § 522(f) of the Bankruptcy Code. The creditor argues that the Code is silent on this priority issue, and he would have the Panel rule in his favor based on his lien status under California law.
STATEMENT OF FACTS
Jerry Katz (“Katz”) recorded an abstract of judgment against all real property owned, by the debtor, H.F. Pike (“Debt- or”) in the amount of $48,224.23, on…
2Cases cited22 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- Whittaker Corporation Whittaker Controls, Inc. v. Execuair Corporation Execuair Sales Corporation David ManhanCourt of Appeals for the Ninth Circuit · 1992
- In Re Sandor Chabot in Re Betty B. Chabot, Debtors. City National Bank v. Sandor Chabot Betty B. ChabotCourt of Appeals for the Ninth Circuit · 1993
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3Cited by23 opinions
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- Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Kelley v. Locke (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- S & C Home Loans, Inc. v. Farr (In Re Farr)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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