Legal Opinion
Hastings v. Holmes (In Re Hastings)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 17, 1995No. BAP No. EC-94-1536-VRO. Bankruptcy No. 93-21896-A-7PublishedCited by 14 opinions
1Opinion of the Court
OPINION
Before VOLINN, RUSSELL and OLLASON, Bankruptcy Judges. VOLINN, Bankruptcy Judge:
OVERVIEW
Under California law, a debtor does not have automatic homestead protection against a judgment hen that attaches to real property at a time prior to the debtor having made the property a dwelling place. In the order on review, the bankruptcy court held state law governed and denied the debtors’ motion to avoid such a pre-existing hen as impairing their homestead based on the federal exemption statute, 11 U.S.C. § 522(f). We VACATE the order and REMAND.
FACTS AND PROCEEDINGS BELOW
The debtors, Aaron E.…
2Cases cited5 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Farrey v. SanderfootSupreme Court of the United States · 1991
- In Re Sandor Chabot in Re Betty B. Chabot, Debtors. City National Bank v. Sandor Chabot Betty B. ChabotCourt of Appeals for the Ninth Circuit · 1993
- Nadel v. Mayer (In Re Mayer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Amiri v. Collection Bureau of San Jose (In Re Amiri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
3Cited by14 opinions
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- Bank of America National Trust & Savings Ass'n v. Hanger (In Re Hanger)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Katz v. Pike (In Re Pike)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Higgins v. Household Finance Corp. (In Re Higgins)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
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