Legal Opinion

Garcia v. Garcia (In Re Garcia)

District Court, D. Arizona

Decided January 25, 1994No. Bankruptcy Civ. 93-0538 PHX; RCB, B-92-05588 PHX RTB; Adv. 92-01069PublishedCited by 20 opinions

1Opinion of the Court

BROOMFIELD, Chief Judge.

Appellants Frank and Mary Garcia (the “Garcias”) challenge the bankruptcy court’s 1) Minute Entry Overruling Objection to Homestead Exemption; 2) Minute Entry Granting in Part and Denying in Part the Garcia’s Motion for Summary Judgment; and 3) Final Judgment in the Adversary Proceeding. The crux of the Garcia’s appeal is that the bankruptcy court erred in allowing Appellee/Debtor Mary K. Garcia, the Garcia’s former daughter-in-law, to declare a homestead exemption. Appellee has filed a Motion to Dismiss Appeal and Motion for Sanctions. The Garcias have also filed a…

2Cases cited13 opinions

  1. In Re Robert Lee White, Dba Aanco Fence Company, Debtor. Cheryl White v. Robert Lee WhiteCourt of Appeals for the Ninth Circuit · 1984
  2. In Re Royal Properties, Inc.Court of Appeals for the Ninth Circuit · 1980
  3. Albuquerque National Bank v. Zouhar (In Re Zouhar)United States Bankruptcy Court, D. New Mexico · 1981
  4. Waldron v. Northwest Acceptance Corp. (In Re Johnson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. Perniciaro v. Natale (In Re Natale)United States Bankruptcy Court, E.D. New York · 1992

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3Cited by20 opinions

  1. Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, AppelleeCourt of Appeals for the Ninth Circuit · 1999
  2. Wicheff v. Baumgart (In Re Wicheff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  3. Scheidelman v. Henderson (In Re Henderson)United States Bankruptcy Court, N.D. New York · 2010
  4. Parnes v. Parnes (In Re Parnes)United States Bankruptcy Court, N.D. Georgia · 1996
  5. Webb v. Isaacson (In re Isaacson)United States Bankruptcy Court, E.D. Virginia · 2012

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