Legal Opinion
In Re Sutton
United States Bankruptcy Court, N.D. Ohio
Decided September 19, 2003No. 14-33593PublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
RICHARD L. SPEER, Bankruptcy Judge.
This cause comes before the Court after a Hearing on the Debtor’s Motion to Avoid Lien, and the objection thereto filed by the lienholder, Henry LaRocca. The hen at issue, which arose on January 29, 2001, is in the amount of $20,400.00, and encumbers the Debtor’s residence. (Doc No. 13). The statutory basis for the Debtor’s Motion is 11 U.S.C. § 522(f)(1)(A) which, among other things, permits a debtor to avoid a judicial hen to the extent that the hen prevents a debtor from taking full advantage of an otherwise valid exemption.
DISCUSSION
It…
2Cases cited15 opinions
- United States Ex Rel. Internal Revenue Service v. McDermottSupreme Court of the United States · 1993
- United States v. Equitable Life Assurance Soc. of United StatesSupreme Court of the United States · 1966
- Dimmitt & Owens Financial, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1986
- United States v. Dishman Independent Oil, Inc. Penny Oil Corporation Ronnie Messer Kings Construction Company Corbin Chemical CompanyCourt of Appeals for the Sixth Circuit · 1995
- Nicholas J. Capuano v. United StatesCourt of Appeals for the Eleventh Circuit · 1992
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3Cited by1 opinion
- Tracey v. United States (Tracey)Bankruptcy Appellate Panel of the First Circuit · 2008