Owen v. Owen
Supreme Court of the United States
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
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Long v. BullardSupreme Court of the United States · 1886
- 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
- 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
- Pasco v. HarleySupreme Court of Florida · 1917
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