Legal Opinion
McLean v. City of Philadelphia, Dept. of Revenue (In Re McLean)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 20, 1989No. 19-11354PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
BRUCE I. FOX, Bankruptcy Judge:
Before me is a consolidated complaint and motion brought by the debtors, Lester and Frances McLean, seeking to avoid the City of Philadelphia’s lien on their residential real property for unpaid prepetition water bills. 1 Debtors present alternate legal theories for relief: first, that the lien was not perfected as of the date of the bankruptcy petition filing and, therefore, is avoidable through the debtors’ use of the trustee’s powers under 11 U.S.C. § 544(a)(3) or 545(2); second, that the lien is a judicial lien which impairs the debtors’…
2Cases cited52 opinions
- United States v. City of New BritainSupreme Court of the United States · 1954
- Simpson v. United StatesSupreme Court of the United States · 1978
- Ransom v. MarrazzoCourt of Appeals for the Third Circuit · 1988
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
47 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re RorieUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass GraffenCourt of Appeals for the Third Circuit · 1992
- Brasby v. Joseph C. Perry, Inc. (In Re Brasby)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Barrett v. Commonwealth Federal Savings & Loan Ass'n (In Re Barrett)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Carlyle v. City of Philadelphia Water Revenue Bureau (In Re Carlyle)United States Bankruptcy Court, E.D. Pennsylvania · 1989
2 more not listed; retrieve them via the Exa API.