Legal Opinion
In Re Galbraith
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 24, 1981No. 19-11693PublishedCited by 12 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue confronting us is whether the liens acquired by the Commonwealth of Pennsylvania Department of Public Welfare (“DPW”) in the real property of the debtors as welfare recipients may be avoided by them pursuant to § 522(f)(1) of the Bankruptcy Code (“the Code”). We conclude that the DPW liens are judicial liens which impair an exemption of the debtors and thus fall within the scope of § 522(f)(1). We conclude further that the Tenth Amendment to the United States Constitution and considerations of federalism do not preclude the application of §…
2Cases cited20 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- National League of Cities v. UserySupreme Court of the United States · 1976
- Perez. v. CampbellSupreme Court of the United States · 1971
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Olsen v. Deutscher (In Re Nashville White Trucks, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
- Fitzgerald v. Davis (In Re Fitzgerald)United States Bankruptcy Court, E.D. Virginia · 1983
- Lowell v. First National Bank of Cape Cod (In Re Lowell)United States Bankruptcy Court, D. Massachusetts · 1982
- In Re GrahamUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
- In Re McKayUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
7 more not listed; retrieve them via the Exa API.