Legal Opinion
In Re Girard
United States Bankruptcy Court, D. Vermont
Decided March 31, 1989No. 14-10414PublishedCited by 5 opinions
1Opinion of the Court
FRANCIS G. CONRAD, Bankruptcy Judge.
Debtor moves 1 to avoid a judicial lien 2 filed against his homestead. Manosh ob jects. For cause, Manosh asserts that a homestead interest attaches as of the date of filing a bankruptcy petition but that valuation of the homestead, for purposes of determining impairment of the exemption, should be made at a later date.
Based on the memorandum of law and facts in evidence, we hold that valuation of a homestead for exemption purposes is the date of filing of the bankruptcy petition. Accordingly, we find that as of the date of Debtor’s bankruptcy filing, the…
2Cases cited6 opinions
- Tanner v. FinanceAmerica Consumer Discount Co. (In Re Tanner)United States Bankruptcy Court, W.D. Pennsylvania · 1981
- Rappaport v. Commercial Banking Corp. (In Re Rappaport)United States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re DvoroznakUnited States Bankruptcy Court, E.D. New York · 1984
- Mercier v. PartlowSupreme Court of Vermont · 1988
- Salamone v. Bank of Commerce (In Re Salamone)United States Bankruptcy Court, E.D. New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re WillettCourt of Appeals for the Seventh Circuit · 2008
- In Re SkjetneUnited States Bankruptcy Court, D. Vermont · 1997
- In Re HallUnited States Bankruptcy Court, W.D. Missouri · 2005
- Matter of EllisDistrict Court, D. Hawaii · 1989
- Willett, Michael W. v. Nat'l Capital MgmtCourt of Appeals for the Seventh Circuit · 2008