In Re Jent
United States Bankruptcy Court, W.D. Kentucky
1Opinion of the Court
MEMORANDUM AND ORDER
MERRITT S. DEITZ, Jr., Bankruptcy Judge.
The case at hand forces a reappraisal of a local rule of court which imposes a time limitation for the filing of lien avoidance motions. Our rule does not stand the test of case law analysis and will no longer be strictly enforced. We fall short of eliminating the rule entirely only for the reasons which are expressed in the conclusion of this opinion.
The rule with which we are concerned reads as follows:
AVOIDING LIEN ON EXEMPT PROPERTY(a) All motions to avoid liens on exempt property shall specifically set forth a detailed…
2Cases cited39 opinions
- In Re AdkinsUnited States Bankruptcy Court, S.D. California · 1980
- Associates Financial Services v. Swanson (In Re Swanson)United States Bankruptcy Court, D. Idaho · 1981
- Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)United States Bankruptcy Court, W.D. Oklahoma · 1981
- Tarrant v. Spenard Builders Supply, Inc. (In Re Tarrant)United States Bankruptcy Court, D. Alaska · 1982
- Matter of KrahnUnited States Bankruptcy Court, E.D. Wisconsin · 1981
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3Cited by5 opinions
- In Re CarilliUnited States Bankruptcy Court, E.D. New York · 1986
- In Re HallUnited States Bankruptcy Court, W.D. Missouri · 2005
- In Re GibbsUnited States Bankruptcy Court, W.D. Kentucky · 1984
- In Re JacobsUnited States Bankruptcy Court, S.D. Florida. · 1992
- Smith v. KleynermanDistrict Court, E.D. Wisconsin · 2022