Legal Opinion
In Re Fry
United States Bankruptcy Court, D. Colorado
Decided March 15, 1988No. 16-13734PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROLAND J. BRUMBAUGH, Bankruptcy Judge.
THIS MATTER came before the Court upon the Motion of Firstier Bank, N.A., of Lincoln Nebraska (Firstier), for Relief from Automatic Stay and Debtors’ Motion to Void Lien. The Court requested and the parties have submitted briefs on two issues:
1. Can § 522(f) of the Bankruptcy Code be used in Colorado in light of the wording and case history of § 38-41-201, et seq.1
2. Must there be equity in the property before a homestead exemption can be claimed?
The following facts are undisputed. Debtors executed a note and deed of trust for…
2Cases cited9 opinions
- Barnett v. KnightSupreme Court of Colorado · 1884
- Gibbs v. F & M Marquette National Bank (In Re Gibbs)United States Bankruptcy Court, D. Minnesota · 1984
- Weare v. JohnsonSupreme Court of Colorado · 1894
- In Re JacksonUnited States Bankruptcy Court, D. Colorado · 1987
- In Re ParrishUnited States Bankruptcy Court, D. Colorado · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In the Matter of E.C. Henderson and Phyllis Henderson, Debtors. E.C. Henderson and Phyllis Henderson v. Lee BelknapCourt of Appeals for the Fifth Circuit · 1994
- Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re Odell Lynard Sanders, Debtor. David Dorsey Distributing, Incorporated v. Odell Lynard SandersCourt of Appeals for the Tenth Circuit · 1994
- In Re CernigliaUnited States Bankruptcy Court, S.D. Illinois · 1992
- Packer v. General Motors Acceptance Corp. (In Re Packer)United States Bankruptcy Court, D. Colorado · 1989
12 more not listed; retrieve them via the Exa API.