Legal Opinion

In Re Parenteau

Bankruptcy Appellate Panel of the First Circuit

Decided September 21, 1982No. Bankruptcy 82-9005PublishedCited by 7 opinions

1Opinion of the Court

VOTOLATO, Chief Judge.

The issue before the Bankruptcy Appellate Panel is whether the bankruptcy judge erred by including unearned, pre-computed interest as part of the indebtedness secured by a second mortgage on the Debtors’ residence, thereby concluding that the Appellant’s judicial lien should be avoided because it impairs the Debtors’ homestead exemption.

On August 15, 1980, the Hillsborough County Superior Court granted a Petition .for Ex Parte Attachment in the amount of $16,000 in favor of the Appellant, Merchants National Bank, which was recorded as a lien against the Debtors’…

2Cases cited5 opinions

  1. Lucero v. Security Industrial BankUnited States Bankruptcy Court, D. Colorado · 1980
  2. Day v. Boteler (In Re Boteler)United States Bankruptcy Court, S.D. Alabama · 1980
  3. Nellis v. Rosenbaum (In Re Nellis)United States Bankruptcy Court, D. Connecticut · 1981
  4. Whitinsville Savings Bank v. Grundstrom (In Re Grundstrom)United States Bankruptcy Court, D. Massachusetts · 1981
  5. Hinson v. Lexington State Bank (In Re Hinson)United States Bankruptcy Court, D. South Carolina · 1982

3Cited by7 opinions

  1. In Re MangoldUnited States Bankruptcy Court, S.D. Ohio · 2000
  2. Saturley v. Casco Northern Bank, N.A. (In Re Saturley)United States Bankruptcy Court, D. Maine · 1993
  3. In Re OwenUnited States Bankruptcy Court, N.D. Indiana · 1987
  4. Swink v. Henderson (In Re Henderson)United States Bankruptcy Court, D. New Mexico · 1982
  5. Gancarz v. Palm Beach Co. (In re Gancarz)United States Bankruptcy Court, D. New Hampshire · 1989

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