Legal Opinion

Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. Nuckolls

Court of Appeals for the Fourth Circuit

Decided December 18, 1985No. 85-1012PublishedCited by 56 opinions

1Opinion of the Court

SPROUSE, Circuit Judge:

James R. Nuckolls and Judy M. Nuckolls, a husband and wife trading as Jim’s and Judy’s Restaurant (the Nuckolls or debtors), appeal a district court judgment that they are not entitled to exempt certain equipment used in their restaurant business from their Chapter 7 bankruptcy estate and to avoid a security interest in the same equipment asserted by Dominion Bank of the Cumberlands, N.A. (the Bank). Prior to filing the bankruptcy petition, the debtors had recorded homestead deeds covering, among other things, the restaurant equipment at issue. After commencing…

2Cases cited21 opinions

  1. Oliver Reginald Cheeseman and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Cheeseman, DebtorsCourt of Appeals for the Fourth Circuit · 1981
  2. Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
  3. Peter C. Augustine and Nancy L. Augustine v. United States of America, United States Department of Agriculture, Farmers Home AdministrationCourt of Appeals for the Third Circuit · 1982
  4. In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982
  5. In Re Donald W. Hall and Lucile E. Hall, Debtors, Donald W. Hall and Lucile E. Hall v. Finance One of Georgia Inc., in Re Joe E. Stubblefield and Vicky L. Stubblefield, Debtors, Joe E. Stubblefield and Vicky L. Stubblefield v. Finance One of Georgia Inc., in Re Clinton Eugene Register and Doris Elaine Register, Debtors, Clinton Eugene Register and Doris Elaine Register v. Kennesaw Finance Company, in Re Ronald Gary Hall, Debtor, Ronald Gary Hall v. Finance One of Georgia Inc.Court of Appeals for the Eleventh Circuit · 1985

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3Cited by56 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Foley & Lardner v. Biondo (In Re Biondo)Court of Appeals for the Fourth Circuit · 1999
  3. Addison v. ReavisDistrict Court, E.D. Virginia · 1993
  4. Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
  5. In Re Gary Thompson and Randalyn Thompson, Debtors-Appellees. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1989

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