Legal Opinion

In re Armstrong

District Court, D. Rhode Island

Decided April 24, 1985No. Bankruptcy No. 8000637Published

1Opinion of the Court

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the debtor’s motion to avoid a judicial lien1 against his home, pursuant to the provisions of § 522(f).2 This statute allows the debtor to claim an exemption in his principal residence up to $7,500. The objecting lienholder, Hartford National Bank, contends, however, that the § 522(f) avoidance provisions do not apply in this case on the ground that their lien is a pre-enactment property right.3 We disagree with the Bank’s reasoning, and conclude that the lien in question may be avoided in full, on the facts4 and for the reasons given below.

On…

2Cases cited7 opinions

Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
United States v. Security Industrial BankSupreme Court of the United States · 1982
In Re NewtonUnited States Bankruptcy Court, W.D. New York · 1981
Stephenson v. General Motors Acceptance Corp. (In Re Stephenson)United States Bankruptcy Court, M.D. Tennessee · 1982
In Re Charles E. Ashe and Susan J. Ashe T/a C & S Fuel Service, Debtors. The Commonwealth National Bank, Objector v. United States of America, Intervenor, the Commonwealth National Bank, Creditor-Objector, the Commonwealth National Bank v. Robert G. Dobslaw and Lynnore W. Dobslaw, Individually and T/a Video Pl. Appeal of the Commonwealth National Bank. In Re Aaron Franklin Burkholder and Anna Mary Burkholder, Husband and Wife, Debtors. Appeal of the Commonwealth National Bank. In Re Paul S. Bosworth and Mabel G. Bosworth. Appeal of the Commonwealth National BankCourt of Appeals for the Third Circuit · 1983

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