Legal Opinion
In re Smiley
United States Bankruptcy Court, D. New Jersey
Decided July 12, 2017No. Case No.: 16-12375 (SLM)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
THE HONORABLE STACEY L. MEISEL, UNITED STATES BANKRUPTCY JUDGE
As the Supreme Court has held - state law defines property interests.1 While this proposition seems rather simple on its face, in bankruptcy we regularly grapple with the intersection of state defined property interests and the Bankruptcy Code.2 Sometimes, these state and federal principles seemingly collide rather than coexist. This has occurred in cases deciding wheth*379er the Bankruptcy Code permits the bifurcation of a lien held by a New Jersey condominium association when the lien is recorded pursuant to the New Jersey…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- In Re Iris June Davis, Debtor. Allied Credit Corporation v. Iris June DavisCourt of Appeals for the Sixth Circuit · 1993
- In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel FerandosCourt of Appeals for the Third Circuit · 2005
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3Cited by3 opinions
- Holmes v. Cmty. Hills Condo. Ass'n, Inc. (In re Holmes)District Court, D. New Jersey · 2019
- In re HolmesUnited States Bankruptcy Court, D. New Jersey · 2017
- Sandra M. LynchUnited States Bankruptcy Court, D. New Jersey · 2021