Legal Opinion

In Re Scott

United States Bankruptcy Court, C.D. California

Decided March 4, 2009No. ND-08-10564-RRPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

RIBLET, Bankruptcy Judge.

The issue presented is whether the debt- or may utilize 11 U.S.C. § 522(f)(1) to avoid a Family Law Attorney’s Real Property Lien recorded, according to California law, by his former spouse’s family law counsel. I conclude that the debtor may not avoid such a lien and, accordingly, deny his motion.

I. FACTS

Debtor filed his voluntary chapter 7 petition on March 19, 2008. The initially filed schedules included Schedule A, listing the debtor’s interest in real property located at 6950 Solano Drive in Camarillo, California. Schedule A reflected a current…

2Cases cited8 opinions

  1. Farrey v. SanderfootSupreme Court of the United States · 1991
  2. Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass GraffenCourt of Appeals for the Third Circuit · 1992
  3. Law Offices of Moore & Moore v. Stoneking (In Re Stoneking)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. In Re SaccoUnited States Bankruptcy Court, W.D. Pennsylvania · 1989
  5. In Re O'ConnellUnited States Bankruptcy Court, D. Montana · 1994

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3Cited by1 opinion

  1. Baldwin v. Phillips (In re Phillips)United States Bankruptcy Court, D. New Mexico · 2014

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