Legal Opinion

Law Offices of Moore & Moore v. Stoneking (In Re Stoneking)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 24, 1998No. BAP No. SC-97-1923-MORO, Bankruptcy No. 97-01068-B7PublishedCited by 13 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

On appeal a creditor asks the panel to uphold its judicial lien despite the debtor’s challenge under 11 U.S.C. § 522(f)(1). 2 To do so would require us to extend the United States Supreme Court decision in Farrey v. Sanderfoot, 500 U.S. 291, 111 S.Ct. 1825, 114 L.Ed.2d 337 (1991) beyond its stated limits. 3 We will not do that, and thus will AFFIRM the bankruptcy court’s decision to avoid the judicial lien that impaired the debtor’s exemption.

I

FACTS

Appellant, the Law Offices of Moore & Moore (“Creditor”) represented the former wife of appellee and debtor Mark…

2Cases cited9 opinions

  1. Farrey v. SanderfootSupreme Court of the United States · 1991
  2. McCrary v. Barrack (In Re Barrack)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. In Re Donald Wate CATLI, Debtor. ESTATE OF Evelyn Eileen CATLI, Appellant, v. Donald Wate CATLI, AppelleeCourt of Appeals for the Ninth Circuit · 1993
  4. Burman v. Homan (In Re Homan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  5. In Re Marriage of BorsonCalifornia Court of Appeal · 1974

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3Cited by13 opinions

  1. Beneficial California, Inc. v. Villar (In Re Villar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  2. Weeks v. Pederson (In Re Pederson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. In Re SchmiedelUnited States Bankruptcy Court, E.D. Wisconsin · 1999
  4. Cadle Co. v. Banner (In Re Banner)United States Bankruptcy Court, D. Connecticut · 2008
  5. In Re PachecoUnited States Bankruptcy Court, D. New Mexico · 2006

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

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