Introducing ATLASLearn more
Legal Opinion

Schmidt v. Kessler (In Re Schmidt)

United States Bankruptcy Court, N.D. Ohio

Decided October 21, 1983No. 19-11045PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Bankruptcy Judge.

The question presented to the court in this adversary proceeding is the extent to which a judicial lien on exempt property is subject to the debtors’ avoidance powers when the judicial lien impairs the debtors’ exemption in the property. Involved is the interpretation of Section 522(f) of the Bankruptcy Code and an analysis of the purposes to be served by that provision.

I

The controversy at hand arises from the following facts: The property in question is the debtors’ residence which has an appraised fair market value of approximately…

2Cases cited14 opinions

  1. Lovett v. Beneficial Finance Co. (In Re Lovett)District Court, W.D. Missouri · 1981
  2. Retreat Investment Corp. v. Canady (In Re Canady)United States Bankruptcy Court, D. Connecticut · 1981
  3. Kursh v. Dial Finance Co. (In Re Kursh)United States Bankruptcy Court, W.D. Missouri · 1981
  4. Day v. Boteler (In Re Boteler)United States Bankruptcy Court, S.D. Alabama · 1980
  5. Sioux Falls Veterans Administration Employees Federal Credit Union v. Van Gorkom (In Re Van Gorkom)United States Bankruptcy Court, D. South Dakota · 1980

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

3Cited by12 opinions

  1. In Re CernigliaUnited States Bankruptcy Court, S.D. Illinois · 1992
  2. In Re SmithUnited States Bankruptcy Court, S.D. Ohio · 1988
  3. In Re SimonsonCourt of Appeals for the First Circuit · 1985
  4. In Re RehbeinUnited States Bankruptcy Court, D. Massachusetts · 1985
  5. Matter of DixonUnited States Bankruptcy Court, N.D. Ohio · 1987

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API