Legal Opinion

Weeks v. Pederson (In Re Pederson)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 25, 1999No. BAP No. NC-97-1935-PMeR, Bankruptcy No. 97-43754 TGPublishedCited by 14 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

This appeal concerns whether 11 U.S.C. § 522(f)(1) 1 permits a debtor to avoid a judgment lien that attaches by virtue of a preexisting judgment when a debtor acquires homestead property. Judgment creditor Randall Weeks (“Weeks”) appeals- from the bankruptcy court’s order granting debtor’s motion to avoid such a judicial lien. In re Pederson, 215 B.R. 768 (Bankr.N.D.Cal.1997). We REVERSE.

FACTS

In 1993, Weeks obtained a state court judgment against debtor. When he recorded an abstract of that judgment in Contra Costa County in 1993, debtor did not own any real…

2Cases cited13 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Farrey v. SanderfootSupreme Court of the United States · 1991
  3. Morgan v. Federal Deposit Insurance (In Re Morgan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  4. Cowan v. Cowan (In Re Scott)United States Bankruptcy Court, W.D. Oklahoma · 1981
  5. In Re Donald Wate CATLI, Debtor. ESTATE OF Evelyn Eileen CATLI, Appellant, v. Donald Wate CATLI, AppelleeCourt of Appeals for the Ninth Circuit · 1993

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

3Cited by14 opinions

  1. Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  3. Varela v. Dynamic Brokers, Inc. (In Re Dynamic Brokers, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  4. In Re MangoldUnited States Bankruptcy Court, S.D. Ohio · 2000
  5. In Re PachecoUnited States Bankruptcy Court, D. New Mexico · 2006

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API