Legal Opinion

In re Brinley

United States Bankruptcy Court, W.D. Kentucky

Decided May 24, 2002No. 01-30824(3)7Published

1Opinion of the Court

MEMORANDUM

DAVID T. STOSBERG, Chief Judge.

This matter is before the Court on the motion of the Debtor to avoid the judgment lien of LPP Mortgage, Ltd. (“LPP”) on a house and lot located at 1007 Johnson Farm Road, Louisville, Kentucky (the “Property”). The Court heard arguments of counsel and the parties stipulated the Property value, lien amounts, and priority of liens. For the reasons that follow, LPP’s judgment lien is partially avoided.

Factual Background

In order of priority, there is a first mortgage hen in the amount of $180,000, LPP’s judgment hen in the amount of $112,418.35, and a…

2Cases cited6 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. Nelson v. ScalaCourt of Appeals for the First Circuit · 1999
  3. Dolan v. D.A.N. Joint Venture (In Re Dolan)United States Bankruptcy Court, D. Connecticut · 1999
  4. In Re WareUnited States Bankruptcy Court, D. South Carolina · 2001
  5. Grace Hayes v. Portia F. Schaefer, Trustee in BankruptcyCourt of Appeals for the Sixth Circuit · 1968

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