Legal Opinion
Swiatek v. Pagliaro (In Re Swiatek)
United States Bankruptcy Court, D. Delaware
Decided March 3, 1999No. 17-12721PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JUDITH K. FITZGERALD, Bankruptcy Judge.
The matter before the court is Debtors’ Complaint to Determine Secured Status and Void Lien Pursuant to 11 U.S.C. § 506. This chapter 7 bankruptcy case was filed on March 20, 1996. Debtors were discharged on July 19, 1996. In October of 1997 this complaint was filed.
Prepetition, Defendant filed a default judgment against Debtors in the Prothonotary’s Office of New Castle County, Delaware, thereby creating a lien against Debtors’ real property. 2 The parties do not dispute that Defendant holds a nonconsensual judicial lien and the…
2Cases cited9 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- In Re GonzalezUnited States Bankruptcy Court, D. Massachusetts · 1993
- Gaglia v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1989
- Howard v. National Westminster Bank (In Re Howard)United States Bankruptcy Court, E.D. New York · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- In Re: Terry R. Talbert and Lahna L. Talbert, Debtors. Terry R. Talbert and Lahna L. Talbert v. City Mortgage ServicesCourt of Appeals for the Sixth Circuit · 2003
- Cunningham v. Homecomings Financial Network (In Re Cunningham)United States Bankruptcy Court, D. Maryland · 2000
- In Re VirelloUnited States Bankruptcy Court, D. South Carolina · 1999
20 more not listed; retrieve them via the Exa API.