Legal Opinion
In re Nickeas
United States Bankruptcy Court, W.D. Wisconsin
Decided August 6, 2013No. 11-12304PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
The debtors operate a small golf course with a bar and snack-food eatery, which is virtually dependent on its liquor license. Apex Mortgage Corp. claims a lien on that license. The debtors seek to avoid the lien under 11 U.S.C. § 522(f)(l)(B)(ii), arguing that the liquor license is a “tool of the trade.” Specifically, they claim an exemption in the license under § 522(d)(5), the “wildcard” exemption. They value the license at $5,000.
The debtors admit that no bankruptcy court has held that an intangible such as a liquor license is a tool of…
2Cases cited12 opinions
- In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987
- Peter C. Augustine and Nancy L. Augustine v. United States of America, United States Department of Agriculture, Farmers Home AdministrationCourt of Appeals for the Third Circuit · 1982
- In Re Gary Thompson and Randalyn Thompson, Debtors-Appellees. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1989
- In Re TrainerUnited States Bankruptcy Court, S.D. Texas · 1985
- Bavely v. United States (In re Terwilliger's Catering Plus, Inc.)Court of Appeals for the Sixth Circuit · 1990
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3Cited by1 opinion
- Satinder SinghUnited States Bankruptcy Court, E.D. California · 2024