In Re Cerniglia
United States Bankruptcy Court, S.D. Illinois
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
Debtors Paul and Diana Cerniglia have filed a motion to avoid the judicial lien of Home Federal Savings and Loan Association (“Home Federal”) under 11 U.S.C. § 522(f)(1). The debtors claim a homestead exemption of $15,000 in their residence, which is valued at $115,000 and encumbered by a first mortgage in the amount of $101,105.99. 1 Home Federal holds a judicial lien on the debtors’ residence in the amount of $358,986.70.
By their motion, the debtors seek to avoid Home Federal’s judicial lien in its entirety as impairing their homestead exemption.…
2Cases cited29 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Gaglia v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1989
24 more not listed; retrieve them via the Exa API.
3Cited by29 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
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- In Re MaylinUnited States Bankruptcy Court, D. Maine · 1993
- In Re GonzalezUnited States Bankruptcy Court, D. Massachusetts · 1993
- In Re D'AmelioUnited States Bankruptcy Court, D. Massachusetts · 1992
24 more not listed; retrieve them via the Exa API.