Legal Opinion

Melvin v. Republic National Bank of Miami (In re Melvin)

United States Bankruptcy Court, S.D. Florida.

Decided July 13, 1981No. Bankruptcy No. 81-00732-BKC-TCB; Adv. No. 81-0221-BKC-TCB-APublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Debtors seek the avoidance of a judgment lien against their home under 11 U.S.C. § 522(fXl). (C.P. No. 1). The defendant lienor has answered. (C.P. No. 4). The matter was tried before me on July 9, 1981.

The facts were stipulated at trial. Defendant obtained and pérfected a judgment lien for $6,986 against the debtors on August 23, 1977. Debtors then owned their present home, which then and now qualifies as a homestead under Article X, § 4(a)(1), *96Florida Constitution, which provides that no judgment shall be a lien against the homestead,…

2Cases cited2 opinions

  1. Albritton v. General Portland Cement Co.Supreme Court of Florida · 1977
  2. Melvin v. Bank of Mount Dora (In re Melvin)United States Bankruptcy Court, S.D. Florida. · 1981

3Cited by1 opinion

  1. In re: Seyed Shahram HosseiniUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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