Legal Opinion
Tedeschi v. Falvo (In Re Falvo)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided December 9, 1998No. BAP 97-8106PublishedCited by 35 opinions
1Opinion of the Court
OPINION
Appellants challenge on two grounds the bankruptcy court’s order avoiding their judicial lien under 11 U.S.C. § 522(f). First, they argue that the bankruptcy court’s factual determination regarding the value of the Debtors’ residence was clearly erroneous. Second, they argue that because their lien does not impair the Debtors’ homestead exemption, it was error to avoid the lien.
On the factual issue, the Panel concludes that the bankruptcy court’s finding regarding the value of the residence is not clearly erroneous. On the legal issue, the Panel holds that under Holland v. Star Bank,…
2Cases cited23 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Owen v. OwenSupreme Court of the United States · 1991
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Beneke Co. v. Economy Lodging Systems, Inc. (In Re Economy Lodging Systems, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Simon v. Chase Manhattan Bank (In Re Zaptocky)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- In Re SmithUnited States Bankruptcy Court, S.D. Ohio · 2001
- Bank of Cushing v. Vaughan (In Re Vaughan)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
- In Re ArmenakisUnited States Bankruptcy Court, S.D. New York · 2009
30 more not listed; retrieve them via the Exa API.