Legal Opinion
In Re White
United States Bankruptcy Court, N.D. California
Decided November 23, 2005No. 19-10065PublishedCited by 9 opinions
1Opinion of the Court
OPINION ON MOTIONS TO AVOID JUDICIAL LIENS
MARILYN MORGAN, Bankruptcy Judge.
Introduction
In these hen avoidance motions, the issue before the court is one of statutory construction of 11 U.S.C. § 522(f)(2)(A). More specifically, the question is whether the language “the debtor’s interest in the property” requires that computations with respect to jointly owned property be based upon only the debtor’s share rather than the value of the entire property.
Factual Background
The relevant facts are uncontroverted. Rosemary White filed this chapter 13 case without the joinder of her estranged spouse,…
2Cases cited25 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Richards v. United StatesSupreme Court of the United States · 1962
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
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3Cited by9 opinions
- William F. Sandoval Irrevocable Trust v. Taylor (In Re Taylor)Court of Appeals for the Tenth Circuit · 2018
- In Re ArmenakisUnited States Bankruptcy Court, S.D. New York · 2009
- All Points Capital Corp. v. Meyer (In Re Meyer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re FoxUnited States Bankruptcy Court, D. Connecticut · 2006
- In Re HeaneyUnited States Bankruptcy Court, E.D. New York · 2011
4 more not listed; retrieve them via the Exa API.