Legal Opinion
In the Matter of Thomas Cullen Davis and Karen Joyce Davis, Debtors. Sandra Davis v. Thomas Cullen Davis
Court of Appeals for the Fifth Circuit
Decided February 12, 1997No. 95-11112PublishedCited by 18 opinions
1Opinion of the Court
DENNIS, Circuit Judge:
As a general rule the Bankruptcy Code provides that property exempted from the estate is not hable for any of the debtor’s prepetition debts. 11 USC § 522. The basic question in this case is whether § 522(c)(1) creates an exception which authorizes the seizure of exempted property to collect non-dischargeable debts owed to the debtor’s former spouse for alimony, maintenance, and child support. The bankruptcy and district courts held that a judicial hen securing such a debt against exempted property is nonavoidable but that the former spouse may not levy upon the exempted…
2Cases cited18 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Farrey v. SanderfootSupreme Court of the United States · 1991
- Long v. BullardSupreme Court of the United States · 1886
- Long and Wife v. BullardSupreme Court of the United States · 1886
- International Shoe Co. v. PinkusSupreme Court of the United States · 1929
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In the Matter Of: Thomas Cullen Davis Karen Joyce Davis, Debtors. Sandra Davis v. Thomas Cullen DavisCourt of Appeals for the Fifth Circuit · 1999
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- S & C Home Loans, Inc. v. Farr (In Re Farr)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re VanZantUnited States Bankruptcy Court, S.D. Illinois · 1997
- Lowe v. B.R.B. Enterprises, Ltd. (In Re Calvillo)District Court, W.D. Texas · 2000
13 more not listed; retrieve them via the Exa API.