Legal Opinion
In Re Starns
District Court, S.D. Texas
Decided August 19, 1985No. 2:98-cv-00004PublishedCited by 31 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
RANDALL, Circuit Judge: *
Because the debtor does not object to the lifting of the automatic stay as to any of his nonexempt property, the primary issue in this ease is whether the debtor has nonexempt property to which the movant’s judgment lien attaches. At least a portion of the property against which the movant seeks relief is not exempt. Therefore, the stay is lifted to permit the movant to foreclose its judgment lien in state court against the debtor’s nonexempt property. In the state forum the parties will have an opportunity to litigate an unresolved…
2Cases cited45 opinions
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Calder v. BullSupreme Court of the United States · 1798
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Ferguson v. SkrupaSupreme Court of the United States · 1963
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
40 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Bankr. L. Rep. P 71,664 in Re John Hugh Niland, Debtor. Tim Truman and John Niland v. Darwin Deason v. Continental Savings AssociationCourt of Appeals for the Fifth Circuit · 1987
- Webb v. Reserve Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
- University of Texas Medical Branch at Galveston v. AllanCourt of Appeals of Texas · 1989
- In Re MontgomeryUnited States Bankruptcy Court, W.D. Texas · 1987
- Gallo v. Herpich (In Re Cemetery Development Corp.)United States Bankruptcy Court, M.D. Louisiana · 1986
26 more not listed; retrieve them via the Exa API.