Legal Opinion

Botkin v. DUPONT COMMUNITY CREDIT UNION

District Court, W.D. Virginia

Decided May 17, 2010No. Civil Action 5:10CV00018Published

1Opinion of the Court

MEMORANDUM OPINION

GLEN E. CONRAD, District Judge.

This case is presently before the court on an appeal from an order of the United States Bankruptcy Court for the Western District of Virginia. The appellant, Annie Lorraine Botkin, seeks review of the bankruptcy court’s order denying her motion to avoid judicial lien under 11 U.S.C. § 522(f). For the following reasons, the order will be reversed.

Background

The facts underlying the instant appeal are undisputed. Botkin owns residential property in Highland County, Virginia that has a current market value of $22,500. The property is encumbered by…

2Cases cited11 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. Devan v. Simon DeBartolo Group, L.P.Court of Appeals for the Fourth Circuit · 1999
  4. In Re: Dean Allen Kolich Michelle Rene Kolich, Debtors. Dean Allen Kolich Michelle Rene Kolich v. Antioch Laurel Veterinary HospitalCourt of Appeals for the Eighth Circuit · 2003
  5. Johnson v. Ford Motor Credit Co. (In Re Johnson)United States Bankruptcy Court, N.D. Illinois · 1985

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