Legal Opinion

In Re Odell Lynard Sanders, Debtor. David Dorsey Distributing, Incorporated v. Odell Lynard Sanders

Court of Appeals for the Tenth Circuit

Decided November 1, 1994No. 93-4136PublishedCited by 33 opinions

1Opinion of the Court

MOORE, Circuit Judge.

The principal question presented in this case is whether the district court correctly held the avoiding of a judicial hen under 11 ■ U.S.C. § 522(f) is limited to the value of the debtor’s homestead exemption in the property under hen. The district court further held, because hens cannot attach to the Utah homestead, apphcation of § 522(f) is superfluous in this ease. We agree with the district court’s analysis and affirm.

The parties do not dispute the relevant facts. On the date of bankruptcy, Mr. Sanders’ home had a market value of $90,000. At that time, there were…

2Cases cited29 opinions

  1. Perrin v. United StatesSupreme Court of the United States · 1979
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. Owen v. OwenSupreme Court of the United States · 1991
  4. Farrey v. SanderfootSupreme Court of the United States · 1991
  5. 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

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3Cited by33 opinions

  1. McCart v. Jordana (In Re Jordana)Bankruptcy Appellate Panel of the Tenth Circuit · 1999
  2. Busch v. Busch (In Re Busch)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
  3. Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Carbaugh v. Carbaugh (In Re Carbaugh)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
  5. John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017

28 more not listed; retrieve them via the Exa API.

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