Legal Opinion

Higgins v. Household Finance Corp. (In Re Higgins)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 7, 1996No. BAP No. EC-96-1059-MeRD, Bankruptcy No. 95-25643-B-7PublishedCited by 15 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

Because there was no equity in the debtors’ property, the bankruptcy court denied the debtors’ motion to avoid a lien under 11 U.S.C. § 522(f). The debtors appeal.

We REVERSE.

II

FACTS

Joe Robert Higgins, Sr. and Sherrie Reene Higgins (“Debtors”) filed a Chapter 7 petition on June 20, 1995. The schedules attached to the petition indicated that the Debtors owned real property in Citrus Heights, California (“Property”) worth $103,-000. The Debtors claimed an exemption of $1 on the Property pursuant to Cal.Civ.Proc. Code Sec. 703.140(b)(1), which at the time the…

2Cases cited7 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. In Re GonzalezUnited States Bankruptcy Court, D. Massachusetts · 1993
  4. Wiget v. Nielsen (In Re Nielsen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. Hastings v. Holmes (In Re Hastings)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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

3Cited by15 opinions

  1. Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Bank of America National Trust & Savings Ass'n v. Hanger (In Re Hanger)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. In Re VanZantUnited States Bankruptcy Court, S.D. Illinois · 1997
  4. In Re BartlettUnited States Bankruptcy Court, N.D. Indiana · 2005
  5. In Re FreemanUnited States Bankruptcy Court, D. South Carolina · 2001

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

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