Legal Opinion
Noble v. Yingling
District Court, D. Delaware
Decided May 16, 1983No. Civ. A. 82-663PublishedCited by 21 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, District Judge.
The issue of first impression at the district court level presented by this appeal from the bankruptcy court is whether a debtor must file a complaint prior to discharge to avoid a judicial lien under Section 522(f) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101 et seq. 1 The bankruptcy court concluded a debtor cannot avoid a judicial lien under section 522(f) unless a complaint seeking that avoidance is filed prior to discharge. Because 11 U.S.C. § 522(f) contains no such time limitation and Congress intended to repose the power to establish…
2Cases cited24 opinions
- In Re AdkinsUnited States Bankruptcy Court, S.D. California · 1980
- Associates Financial Services v. Swanson (In Re Swanson)United States Bankruptcy Court, D. Idaho · 1981
- Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)United States Bankruptcy Court, W.D. Oklahoma · 1981
- Tarrant v. Spenard Builders Supply, Inc. (In Re Tarrant)United States Bankruptcy Court, D. Alaska · 1982
- Matter of KrahnUnited States Bankruptcy Court, E.D. Wisconsin · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Brown v. Shriver (In Re Brown)United States Bankruptcy Court, M.D. Tennessee · 1984
- Noble v. YinglingDistrict Court, D. Delaware · 1984
- In Re QuackenbosUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re CarilliUnited States Bankruptcy Court, E.D. New York · 1986
- ITT Financial Services v. Ricks (In Re Ricks)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
16 more not listed; retrieve them via the Exa API.