Legal Opinion

In Re: Stuart C. Brinley, Debtor. Stuart C. Brinley, Appellee/cross-Appellant v. Lpp Mortgage, Ltd., Appellant/cross-Appellee

Court of Appeals for the Sixth Circuit

Decided March 22, 2005No. 03-5607, 03-5653PublishedCited by 28 opinions

1Opinion of the Court

OPINION

DAUGHTREY, Circuit Judge.

In this appeal, we are asked to determine the extent to which a judgment lien impairs a debtor’s statutory exemption. Both the debtor, Stuart C. Brinley, and the creditor, LPP Mortgage, Ltd., dispute portions of the district court’s ruling that reversed the bankruptcy court’s ruling on the debtor’s motion to avoid the judgment lien of the creditor. Specifically, LPP contends that the district court erred in concluding that Brinley’s statutorily-based exemption from bankruptcy estate property was impaired by LPP’s entire judgment lien on Brinley’s real estate.

Bri…

2Cases cited6 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. In Re: Dean Allen Kolich Michelle Rene Kolich, Debtors. Dean Allen Kolich Michelle Rene Kolich v. Antioch Laurel Veterinary HospitalCourt of Appeals for the Eighth Circuit · 2003
  3. Holland v. Star Bank, N.A. (In re Holland)Court of Appeals for the Sixth Circuit · 1998
  4. Sanderson v. SaxonKentucky Supreme Court · 1992
  5. In Re MillerUnited States Bankruptcy Court, N.D. Ohio · 1996

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

3Cited by28 opinions

  1. LPP Mortgage, Ltd. v. BrinleyCourt of Appeals for the Sixth Circuit · 2008
  2. In Re LevinsonUnited States Bankruptcy Court, E.D. New York · 2007
  3. In Re ReimanUnited States Bankruptcy Court, E.D. Michigan · 2010
  4. Thomas v. Robinson (In Re Robinson)Court of Appeals for the Sixth Circuit · 2006
  5. Levinson v. R & E PROPERTY CORP.District Court, E.D. New York · 2008

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

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