Legal Opinion
In Re Calloway
United States Bankruptcy Court, W.D. New York
Decided February 16, 2010No. 2-14-21531PublishedCited by 3 opinions
1Opinion of the Court
DECISION & ORDER
BUCKI, Chief Judge.
Pursuant to 11 U.S.C. § 522(f), the debt- or has moved to avoid a judgment lien that a creditor had perfected prior to August 30, 2005, that being the effective date of the statutory amendment that increased New York’s homestead exemption from $10,000 to $50,000. Asserting that the amendment can have no retroactive effect, the judgment creditor objects to the debt- or’s motion on both statutory and constitutional grounds.
Tanya R. Calloway filed a petition for relief under Chapter 7 of the Bankruptcy Code on May 12, 2009. As reported on schedules filed with…
2Cases cited3 opinions
- CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- In Re TrudellUnited States Bankruptcy Court, W.D. New York · 2008
3Cited by3 opinions
- Chevron Corp. v. DonzigerDistrict Court, S.D. New York · 2012
- 1256 Hertel Avenue Associates, LLC v. CallowayCourt of Appeals for the Second Circuit · 2014
- 1256 Hertel Avenue Associates v. CallowayCourt of Appeals for the Second Circuit · 2014