Legal Opinion

Robinson v. Robinson (In Re Robinson)

District Court, D. Colorado

Decided March 6, 1990No. 88-K-1092, Bankruptcy No. 88 B 3315 EPublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This bankruptcy appeal raises an issue for which there is a split of authority among the judges of the Bankruptcy Court in this District. The issue is whether § 522(f) of the Bankruptcy Code can be used to avoid a judicial lien on the debtor’s homestead exemption. In this case, Judge Matheson followed the position of Judge Brumbaugh as articulated in In re Fry, 83 B.R. 778 (Bankr.D.Colo.1988). Under Fry, the debtor may not avoid a judicial lien on his homestead exemption because under Colorado law, a judicial lien does not automatically…

2Cases cited14 opinions

In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
Barnett v. KnightSupreme Court of Colorado · 1884
In Re Curtis Neal Heape and Billie Jean Heape, Debtors. Curtis Neal Heape and Billie Jean Heape, Debtors-Appellants v. Citadel Bank of IndependenceCourt of Appeals for the Tenth Circuit · 1989
Nikki Dee Maus, Debtor-Appellee v. Jesse R. MausCourt of Appeals for the Tenth Circuit · 1988
In Re HermansenUnited States Bankruptcy Court, D. Colorado · 1988

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

3Cited by13 opinions

In the Matter of E.C. Henderson and Phyllis Henderson, Debtors. E.C. Henderson and Phyllis Henderson v. Lee BelknapCourt of Appeals for the Fifth Circuit · 1994
In Re Odell Lynard Sanders, Debtor. David Dorsey Distributing, Incorporated v. Odell Lynard SandersCourt of Appeals for the Tenth Circuit · 1994
In Re CernigliaUnited States Bankruptcy Court, S.D. Illinois · 1992
In Re HendersonUnited States Bankruptcy Court, W.D. Texas · 1992
David Dorsey Distributing, Inc. v. Sanders (In Re Sanders)District Court, D. Utah · 1993

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