Legal Opinion

In the Matter of Harold P. Walters and Patricia A. Walters, His Wife, Debtors v. United States National Bank in Johnstown

Court of Appeals for the Third Circuit

Decided July 20, 1989No. 89-3015PublishedCited by 22 opinions

1Opinion of the Court

OPINION OP THE COURT

GIBBONS, Chief Judge:

The United States National Bank in Johnstown appeals from an order of the district court which permitted Harold P. Walters, a bankrupt, to avoid a judicial lien on his homestead pursuant to 11 U.S.C. § 522(f)(1) for a debt which was non-dis-chargeable for fraud under 11 U.S.C. § 523(a)(2)(A). The bank, which holds the judgment, contends that the court erred in permitting a bankrupt whose debt was not dischargeable to claim the homestead exemption granted by Congress in 11 U.S.C. § 522(d). We affirm.

The bank holds a judicial lien under Pennsylvania law…

2Cases cited2 opinions

  1. 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
  2. United States National Bank in Johnstown v. Walters (In re Walters)District Court, W.D. Pennsylvania · 1982

3Cited by22 opinions

  1. In Re American Capital Equipment, LLCCourt of Appeals for the Third Circuit · 2012
  2. Gaglia v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1989
  3. S & C Home Loans, Inc. v. Farr (In Re Farr)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Bank of Cushing v. Vaughan (In Re Vaughan)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
  5. In Re FishmanUnited States Bankruptcy Court, N.D. Illinois · 1999

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