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Legal Opinion

In Re Erwin

United States Bankruptcy Court, S.D. Texas

Decided August 23, 1996No. 19-30116PublishedCited by 6 opinions

1Opinion of the Court

OPINION ON DEBTOR’S MOTION TO AVOID LIEN ON TOOL OF TRADE

WILLIAM R. GREENDYKE, Bankruptcy Judge.

James and Betty Erwin (“Debtors”) have moved pursuant to 11 U.S.C. § 522(f)(1)(B)(ii) to avoid the lien claimed by Allied Finance (“Allied”) upon their 1988 Ford Crown Victoria LTD. Allied filed a proof of claim wMch asserts a secured claim in the amount of $5,600. Debtors admit owing such amount to Allied; however, they also assert that the veMcle is an exempt tool of trade used in Debtor’s profession as a constable. Upon consideration, the Court has concluded that Debtors may not avoid the lien…

2Cases cited8 opinions

  1. Leonard Meritz and Paul D. Freed, Bankrupts v. Phil Palmer, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1959
  2. In Re WeissUnited States Bankruptcy Court, N.D. Texas · 1988
  3. Hrncirik v. Farmers National Bank of Seymour (In Re Hrncirik)United States Bankruptcy Court, N.D. Texas · 1992
  4. In Re NealUnited States Bankruptcy Court, W.D. Texas · 1992
  5. In Re NashUnited States Bankruptcy Court, N.D. Texas · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re DuvallUnited States Bankruptcy Court, W.D. Texas · 1998
  2. In Re CarterUnited States Bankruptcy Court, W.D. Oklahoma · 2006
  3. In Re PattersonUnited States Bankruptcy Court, C.D. Illinois · 1998
  4. In Re WhiteUnited States Bankruptcy Court, W.D. Texas · 1999
  5. Gonzalez Obregon v. RomoDistrict Court, S.D. Texas · 2025

1 more not listed; retrieve them via the Exa API.

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