Legal Opinion

Norton v. Brokerage Oil Co. (In Re Norton)

United States Bankruptcy Court, E.D. Tennessee

Decided June 14, 1983No. Bankruptcy No. 3-83-00164, Adv. No. 3-83-0246PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The debtor seeks to avoid a judicial lien under 11 U.S.C.A. § 522(f)(1) (1979). 1 Defendant responds that the debtor failed to comply with Tenn.Code Ann. § 26-2-114 (1980) (Procedure for exercising exemption —Notice), and hence is now barred from claiming a 1969 Chevrolet wrecker as exempt.

I

On September 17, 1982, defendant Brokerage Oil Company obtained a judgment against the debtor in the amount of $5,350.00. Brokerage Oil issued an execution on November 10,1982, which was reissued and served upon the debtor on January 6,1983. Possession of the…

2Cases cited3 opinions

  1. White v. StumpSupreme Court of the United States · 1924
  2. J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
  3. Zimmerman v. MorganCourt of Appeals for the Fourth Circuit · 1982

3Cited by11 opinions

  1. In Re BennettUnited States Bankruptcy Court, W.D. Kentucky · 1984
  2. Storey v. Bradford Furniture Co., Inc.Tennessee Supreme Court · 1995
  3. In Re SmithUnited States Bankruptcy Court, E.D. California · 1990
  4. In Re LaughinghouseUnited States Bankruptcy Court, E.D. North Carolina · 1984
  5. In Re ClemmerUnited States Bankruptcy Court, E.D. Tennessee · 1995

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