Legal Opinion
Negri v. State Tax Commission (In Re Negri)
United States Bankruptcy Court, E.D. New York
Decided March 7, 1983No. 8-19-70743PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
ROBERT JOHN HALL, Bankruptcy Judge.
The issue before the Court is the applicability of 11 U.S.C. § 522(f)(1) to a series of judicial liens perfected prior to the enactment of the Bankruptcy Code in light of United States v. Security Industrial Bank, - U.S. -, 103 S.Ct. 407, 74 L.Ed.2d 235 (1982). The Court concludes that the section is unavailable to the debtor.
Carol Negri (the debtor) filed a voluntary petition under Chapter 7 of the Bankruptcy Code. 11 U.S.C. § 701 et seq. (Supp. IV 1980) on June 3, 1981. During the penden-cy of the proceedings, the mortgagee of the…
2Cases cited10 opinions
- Armstrong v. United StatesSupreme Court of the United States · 1960
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Holt v. HenleySupreme Court of the United States · 1914
- In Re AsheCourt of Appeals for the Third Circuit · 1982
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3Cited by5 opinions
- Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991
- In Re Charles E. Ashe and Susan J. Ashe T/a C & S Fuel Service, Debtors. The Commonwealth National Bank, Objector v. United States of America, Intervenor, the Commonwealth National Bank, Creditor-Objector, the Commonwealth National Bank v. Robert G. Dobslaw and Lynnore W. Dobslaw, Individually and T/a Video Pl. Appeal of the Commonwealth National Bank. In Re Aaron Franklin Burkholder and Anna Mary Burkholder, Husband and Wife, Debtors. Appeal of the Commonwealth National Bank. In Re Paul S. Bosworth and Mabel G. Bosworth. Appeal of the Commonwealth National BankCourt of Appeals for the Third Circuit · 1983
- McFarland v. Farmers Production Credit Ass'n (In Re McFarland)United States Bankruptcy Court, N.D. Iowa · 1983
- Ashe v. United StatesCourt of Appeals for the Third Circuit · 1983
- In Re ScarpaUnited States Bankruptcy Court, W.D. New York · 1986