Legal Opinion
In Re Smith
United States Bankruptcy Court, D. Massachusetts
Decided September 30, 2004No. 14-10364PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEBTOR’S MOTION, AS AMENDED, TO AVOID JUDICIAL LIENS AND DETERMINE VALUE
HENRY J. BOROFF, Bankruptcy Judge.
By the amended motion before the Court 1 , the Debtor, Donald F. Smith, has moved under 11 U.S.C. § 522(f) to avoid all but $10,668.73 of Eagle Bank’s $355,000 attachment on his home; the Debtor contends that the balance of the attachment is a judicial lien that impairs his homestead exemption. Eagle Bank concedes that its attachment is a judicial lien that impairs the Debtor’s exemption but contends that the portion of its attachment that does not impair the…
2Cases cited10 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- In Re: Dean Allen Kolich Michelle Rene Kolich, Debtors. Dean Allen Kolich Michelle Rene Kolich v. Antioch Laurel Veterinary HospitalCourt of Appeals for the Eighth Circuit · 2003
- Perry v. MillerMassachusetts Supreme Judicial Court · 1953
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
- Riley v. Sullivan (Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2008
- Ostrander v. Andre (In Re Motta)United States Bankruptcy Court, D. Massachusetts · 2010
- In re DickeyUnited States Bankruptcy Court, D. Massachusetts · 2014
- In Re Robotic Vision Systems, Inc.United States Bankruptcy Court, D. New Hampshire · 2006
4 more not listed; retrieve them via the Exa API.