Legal Opinion
In Re Smith
United States Bankruptcy Court, W.D. New York
Decided December 12, 2001No. 2-19-20190PublishedCited by 15 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
With respect to their homestead, the debtors have moved under 11 U.S.C. § 522(f) to avoid the lien of a deficiency judgment that was granted to The Savings Bank of Utica after its foreclosure of a mortgage on other property of the debtors. In its response, The Savings Bank of Utica argues that the Bankruptcy Reform Act of 1994 excepted such deficiency judgments from lien avoidance. For the reasons stated hereafter, this court overrules the bank’s objection and will grant the relief that the debtors have requested.
Darryl and Judith Smith are the owners of a…
2Cases cited9 opinions
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- In Re GonzalezUnited States Bankruptcy Court, D. Massachusetts · 1993
- Reichert v. . StilwellNew York Court of Appeals · 1902
- In Re VincentUnited States Bankruptcy Court, D. Connecticut · 2000
- Lapointe v. Snelling & Snelling, Inc. (In Re Lapointe)United States Bankruptcy Court, D. Connecticut · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Banknorth, N.A. v. Hart (In Re Hart)Court of Appeals for the First Circuit · 2003
- Carson v. Citimortgage, Inc. (In Re Carson)United States Bankruptcy Court, D. Connecticut · 2002
- In Re LinaneUnited States Bankruptcy Court, N.D. Illinois · 2003
- In Re CriscuoloUnited States Bankruptcy Court, D. Connecticut · 2008
- In re PaceBankruptcy Appellate Panel of the Sixth Circuit · 2017
10 more not listed; retrieve them via the Exa API.