Legal Opinion

Matter of Ganakes

United States Bankruptcy Court, S.D. Iowa

Decided January 11, 1988No. 19-00190Published

1Opinion of the Court

ORDER ON MOTION TO AVOID LIEN

LEE M. JACKWIG, Bankruptcy Judge.

On August 8, 1987 a telephonic hearing on a resistance to motion to avoid lien filed on behalf of Standard of Beaverdale, Inc. (creditor) was held before this court in Des Moines, Iowa. The debtor filed a motion to avoid the creditor’s judicial lien on the exempt homestead on June 5, 1987. The creditor resisted the motion for the reason that the debtor has no equity in the property and therefore no interest on which to avoid the fixing of a lien pursuant to 11 U.S.C. section 522(f)(1). Rodney A. Witt-kamp appeared on behalf of the…

2Cases cited8 opinions

In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
Bernstein v. Held (In Re Bernstein)United States Bankruptcy Court, D. Vermont · 1986
Sioux Falls Veterans Administration Employees Federal Credit Union v. Van Gorkom (In Re Van Gorkom)United States Bankruptcy Court, D. South Dakota · 1980
Simonson v. First Bank of Greater PittstonCourt of Appeals for the Third Circuit · 1985

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