Legal Opinion
Wilding v. CitiFinancial Consumer Financial Services, Inc.
Court of Appeals for the First Circuit
Decided January 30, 2007No. 05-9011PublishedCited by 27 opinions
1Opinion of the Court
WOODLOCK, District Judge.
The question presented is whether 11 U.S.C. § 522(f) permits a debtor to avoid a judicial lien if the lien existed at the filing of the bankruptcy petition but was satisfied after the bankruptcy case closed and before the debtor filed a motion to avoid. The Bankruptcy Court and the Bankruptcy Appellate Panel below concluded that it does not. We disagree and will remand the matter to permit the Bankruptcy Court to address any equitable defenses that might be available to the creditor under these circumstances.
I
The bare bones 1 factual background is as follows:
In May…
2Cases cited19 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Farrey v. SanderfootSupreme Court of the United States · 1991
- Pratt v. General Motors Acceptance Corp. (In Re Pratt)Court of Appeals for the First Circuit · 2006
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- In Re: Thomas Kai-Ming Chiu in Re: Linda Luk Chiu, Debtors, Culver, LLC v. Thomas Kai-Ming Chiu Linda Luk ChiuCourt of Appeals for the Ninth Circuit · 2002
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Eresian v. Koza (Koza)Bankruptcy Appellate Panel of the First Circuit · 2007
- In Re ArmenakisUnited States Bankruptcy Court, S.D. New York · 2009
- Ross v. Garcia (Garcia)Bankruptcy Appellate Panel of the First Circuit · 2015
- In Re LevinsonUnited States Bankruptcy Court, E.D. New York · 2007
- In re OglesbyUnited States Bankruptcy Court, N.D. Ohio · 2014
22 more not listed; retrieve them via the Exa API.