Legal Opinion
In Re Ruck
United States Bankruptcy Court, D. Kansas
Decided May 18, 2011No. 08-10369PublishedCited by 5 opinions
1Opinion of the Court
ORDER GRANTING CENTRAL NATIONAL BANK’S MOTION FOR SUMMARY JUDGMENT
ROBERT E. NUGENT, Chief Judge.
The Debtors Thomas and Theresa Ruck moved to avoid the lien of a foreclosure judgment that impairs two tracts that they have claimed exempt, citing 11 U.S.C. § 522(f)(1). 1 In support of their motion to avoid, they claim that the judgment is not only a judicial lien, but also that the judgment has lapsed according to Kansas law. The owner of the judgment, Central National Bank (Central), objected to the lien avoidance motion and objected to the debtors’ claim of exemptions as well. Central moves…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Fred T. McKibben v. Janet A. Chubb, and Merrill Lynch, Pierce, Fenner and Smith, Inc., Leland Morris, Jr., and Virginia MorrisCourt of Appeals for the Tenth Circuit · 1988
- Banknorth, N.A. v. Hart (In Re Hart)Court of Appeals for the First Circuit · 2003
- Equal Employment Opportunity Commission v. Lady Baltimore Foods, Inc.District Court, D. Kansas · 1986
- Atchison Savings Bank v. Wheeler's AdministratorSupreme Court of Kansas · 1878
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3Cited by5 opinions
- Aracely VazquezUnited States Bankruptcy Court, D. Kansas · 2019
- Aracely VazquezUnited States Bankruptcy Court, D. Kansas · 2019
- Horacio VazquezUnited States Bankruptcy Court, D. Kansas · 2019
- Leah Ahn v. Michael SangerCourt of Appeals for the Ninth Circuit · 2020
- Wells Fargo Bank N.A. v. United States Bankruptcy Court for the Eastern District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2015