Legal Opinion

Lindsey v. Spagnol (In Re Lindsey)

United States Bankruptcy Court, W.D. Pennsylvania

Decided August 24, 2004No. 15-11207PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtors James and Debra Ann Lindsey have brought a motion in accordance with § 522(f)(1)(A) of the Bankruptcy Code to avoid a judicial lien in favor of respondent Kathleen Spagnol. Debtors contend that the judicial lien is avoidable because it impairs an exemption they have taken in their personal residence.

Respondent, who opposes the motion, contends that the value of debtors’ interest in their personal residence is considerably greater than debtors maintain.

The motion will be granted in part and denied in part. We conclude that the…

2Cases cited7 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. In Re Upset Sale, Tax Cl. Bureau of BerksSupreme Court of Pennsylvania · 1984
  4. Garran v. SMS Financial V, LLC (In Re Garran)Court of Appeals for the First Circuit · 2003
  5. East Cambridge Savings Bank v. Silveira (In Re Silveira)Court of Appeals for the First Circuit · 1998

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

3Cited by3 opinions

  1. In Re LownesDistrict Court, E.D. Pennsylvania · 2010
  2. In Re PowellUnited States Bankruptcy Court, W.D. Kentucky · 2009
  3. In re: Mary E. Morosetti v. National Funding, Inc. and Pamela J. Wilson, Chapter 7 TrusteeUnited States Bankruptcy Court, W.D. Pennsylvania · 2026

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