Legal Opinion
Milgard Tempering, Inc. v. Darosa (In Re Darosa)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 15, 2004No. BAP No. EC-04-1163-MOPMA, BAP No. EC-04-1164-MOPMA, Bankruptcy No. 03-28824-B-07, Bankruptcy No. 03-28825-B-07PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
One creditor held a judicial lien against the homesteads, of two separate debtors. Both debtors filed motions to avoid the judicial liens on their respective residences pursuant to 11 U.S.C. § 522. 1 The creditor objected in both cases, contending that because the debtors were jointly and severally liable on a superior statutory lien, they were each subrogated to claims against the other. The creditor argued that each debtor should therefore reduce the statutory lien by one-half when calculating the encumbrances against their respective homesteads for purposes…
2Cases cited17 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. TurketteSupreme Court of the United States · 1981
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- In Re Air Crash Disaster.Court of Appeals for the Sixth Circuit · 1996
- Jeffrey Mort Pamela Mort Fred Strefling Jeffrey Tobian v. United StatesCourt of Appeals for the Ninth Circuit · 1996
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Flamingo 55, Inc.United States Bankruptcy Court, D. Nevada · 2007
- Benson v. Corbin (In re Corbin)United States Bankruptcy Court, W.D. Washington · 2014
- Moldo v. Charnock (In Re Charnock)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004