Legal Opinion

Owen v. Owen

Supreme Court of the United States

Decided May 28, 1991No. 89-1008PublishedCited by 632 opinions

1Opinion of the CourtJustice Scalia

The Bankruptcy Code allows the States to define what property a debtor may exempt from the bankruptcy estate that will be distributed among his creditors. 11 U. S. C. § 522(b). The Code also provides that judicial liens encumbering exempt property can be eliminated. § 522(f). The question in this case is whether that elimination can operate when the State has defined the exempt property in such a way as specifically to exclude property encumbered by judicial liens.

I

In 1975, Helen Owen, the respondent, obtained a judgment against petitioner Dwight Owen, her former husband, for approximately…

2Cases cited27 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. Long v. BullardSupreme Court of the United States · 1886
  3. 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
  4. 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
  5. Pasco v. HarleySupreme Court of Florida · 1917

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3Cited by632 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  3. Law v. SiegelSupreme Court of the United States · 2014
  4. Schwab v. ReillySupreme Court of the United States · 2010
  5. In Re: Arthur Lionel Scovis Jenny Scovis, Debtors. Arthur Lionel Scovis Jenny Scovis v. Christen Brun HenrichsenCourt of Appeals for the Ninth Circuit · 2001

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