Legal Opinion
Green v. Snow (In Re Snow)
United States Bankruptcy Court, W.D. Virginia
Decided March 17, 1987No. 19-50162PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILLIAM E. ANDERSON, Bankruptcy Judge.
This case presents the question of whether a debtor may, pursuant to 11 U.S.C. § 522(f)(1), avoid the fixing of a judicial lien on property that in the absence of the lien would be exempt under state law, even though state law defines the property as nonexempt because it is encumbered by a judicial lien arising out of a claim for unpaid rent.
This is a core proceeding which the court may properly hear and determine. 28 U.S.C. § 157(b)(1).
BACKGROUND
The facts of this case are brief and undisputed. On October 15, 1986, Richard Green (“the…
2Cases cited13 opinions
- In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
- In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
- In the Matter of Thomas Yale McManus and Betty Sue Smith McManus Bankrupts. Thomas Yale McManus and Betty Sue Smith McManus v. Avco Financial Services of Louisiana, Inc., in the Matter of Wallace Gipson and Bobbie Phenix Gipson, Bankrupts. Blazer Financial Services, Inc., Creditor/appellant v. Wallace Gipson and Bobbie Phenix Gipson, Debtors/appelleesCourt of Appeals for the Fifth Circuit · 1982
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- In the Matter of Robert Henry Allen, Jr., and Mary Lou Allen, Debtors. Robert Henry Allen, Jr., and Mary Lou Allen v. Hale County State BankCourt of Appeals for the Fifth Circuit · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re ScottUnited States Bankruptcy Court, E.D. Virginia · 1996
- Snow v. Green (In Re Snow)District Court, W.D. Virginia · 1988
- Snow v. Green (In re Snow)Court of Appeals for the Fourth Circuit · 1990
- Shearer v. Crestar Bank (In Re Shearer)United States Bankruptcy Court, W.D. Virginia · 1991
- 22 Collier bankr.cas.2d 1031, Bankr. L. Rep. P 73,589 in Re Charles Richard Snow and Janet Lee Snow, Debtors. Charles Richard Snow Janet Lee Snow v. Richard GreenCourt of Appeals for the Fourth Circuit · 1990