Legal Opinion
In Re Pray
United States Bankruptcy Court, D. Massachusetts
Decided December 20, 1999No. 18-14835PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON DEBTOR’S MOTION TO AVOID JUDICIAL LIENS PURSUANT TO 11 U.S.C. § 522
CAROL J. KENNER, Bankruptcy Judge. .
The issue presented by the debtor’s motion to avoid judicial liens is whether a judicial lien creditor may raise the equitable doctrine of marshaling as a defense. Because a marshaling order is premature in the absence of an actual liquidation, and for the other reasons set forth below, the Court concludes that the defense is not available against the debtor’s motion pursuant to section 522(f)(1) of the Bankruptcy Code. The Court therefore holds that the creditor’s…
2Cases cited20 opinions
- Meyer v. United StatesSupreme Court of the United States · 1963
- Sowell v. Federal Reserve Bank of DallasSupreme Court of the United States · 1925
- East Cambridge Savings Bank v. Silveira (In Re Silveira)Court of Appeals for the First Circuit · 1998
- Duck v. Wells Fargo Bank, National Ass'n (In Re Spectra Prism Industries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Bank of America National Trust & Savings Ass'n v. Hanger (In Re Hanger)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
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3Cited by3 opinions
- Kuechler v. Peoples BankDistrict Court, D. Maryland · 2009
- Sunset Hollow Properties, LLC v. Bank of Western Massachusetts (In Re Sunset Hollow Properties, LLC)United States Bankruptcy Court, D. Massachusetts · 2007
- Milgard Tempering, Inc. v. Darosa (In Re Darosa)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004