Legal Opinion

In Re Brown

United States Bankruptcy Court, W.D. Texas

Decided April 4, 1990No. 19-50083PublishedCited by 3 opinions

1Opinion of the Court

DECISION AND ORDER DISMISSING MOTION OF DEBTOR TO AVOID UNPERFECTED LIEN IMPAIRING DEBTORS’ EXEMPTIONS FOR LACK OF JURISDICTION

LEIF M. CLARK, Bankruptcy Judge.

CAME ON for hearing the motion of Debtors to avoid an unperfected lien held by First National Bank of Poth impairing Debtors’ asserted homestead. Upon consideration thereof, the court finds and concludes that the motion must be dismissed for lack of subject matter jurisdiction because the Debtors lack standing to pursue this motion in this forum.

BACKGROUND FACTS

The Debtors owned some rural land outside Floresville, Texas. In 1984 Mr.…

2Cases cited3 opinions

  1. Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939
  2. Gene M. Oswalt Et Vir v. Scripto, Inc., Defendant-Third Party v. Tokai-Seiki Kk, a Japanese Corporation, Defendant-Third PartyCourt of Appeals for the Third Circuit · 1980
  3. In Re WeaverUnited States Bankruptcy Court, N.D. Texas · 1987

3Cited by3 opinions

  1. Laskin v. First National Bank (In Re Laskin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  2. In Re a Car Rental, Inc.United States Bankruptcy Court, S.D. Texas · 1993
  3. In Re InmanUnited States Bankruptcy Court, N.D. Texas · 1991

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API