Legal Opinion

Robert Lee Barbee

United States Bankruptcy Court, S.D. Alabama

Decided September 28, 2021No. 21-10562Unknown

1Opinion

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF ALABAMA IN RE: ) ) ROBERT LEE BARBEE, ) Case No. 21-10562 ) Debtor. ) MEMORANDUM A debtor’s motion to avoid a judicial lien under Bankruptcy Code § 522(f) is usually a straightforward matter of valuing the debtor’s assets, ascertaining the liens, and performing some mathematical calculations. The wrinkle in this case is that the debtor and his wife own their home as tenants in common for life with a contingent remainder in favor of the survivor – a sui generis form of ownership under Alabama law which requires a somewhat…

2Cases cited5 opinions

  1. Schwab v. ReillySupreme Court of the United States · 2010
  2. Durant v. HamrickSupreme Court of Alabama · 1981
  3. Matter of SandeferUnited States Bankruptcy Court, N.D. Alabama · 1985
  4. Yates v. GuestSupreme Court of Alabama · 1982
  5. Matter of HeadUnited States Bankruptcy Court, N.D. Alabama · 1997

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