Legal Opinion

Sears Roebuck & Co. v. Lamirande

District Court, D. Massachusetts

Decided July 9, 1996No. Civil Action 96-40057-PBSPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

Sears Roebuck appeals Judge Queenaris order denying Sears’ motion to compel the debtor to file a mandatory statement of intention, pursuant to 11 U.S.C. § 521(2), with respect to property in which Sears has a security interest. Ms. Lamirande filed a statement of intention, but left her Sears purchases off the statement. Although Ms. Lamirande is represented by counsel, this appeal is unopposed. The appeal is ALLOWED as explained below.

A Jurisdiction

Under 28 U.S.C. § 158(a), a district court has jurisdiction to hear appeals from “final judgments,…

2Cases cited25 opinions

In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
In Re Warren L. Taylor, Jr., Cathy L. Taylor, Debtors. Warren L. Taylor, Jr., Cathy L. Taylor v. Age Federal Credit UnionCourt of Appeals for the Eleventh Circuit · 1993
In the Matter of Judy Emely Edwards, Also Known as Judy Emely Glass, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
In re Continental Investment Corp.Court of Appeals for the First Circuit · 1980
Lowry Federal Credit Union, Creditor-Appellant v. James Dale West and Sharon Kay West, Debtors-AppelleesCourt of Appeals for the Tenth Circuit · 1989

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

3Cited by11 opinions

In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
In Re MaytonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
Conley v. Sears, Roebuck & Co.District Court, D. Massachusetts · 1998
In Re LairUnited States Bankruptcy Court, M.D. Louisiana · 1999
In Re OgandoUnited States Bankruptcy Court, D. Massachusetts · 1996

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