Legal Opinion
In Re Schroff
United States Bankruptcy Court, E.D. New York
Decided November 8, 1988No. 8-19-71054PublishedCited by 4 opinions
1Opinion of the Court
OPINION
CECELIA H. GOETZ, Bankruptcy Judge:
The debtor in this Chapter 13 proceeding is seeking to avoid various judicial liens filed against the home owned by him and his wife. Certain liens he seeks to avoid under § 522(f) as impairing his exemption, others he claims are void because obtained post-petition in violation of § 362’s automatic stay. 1
None of the lien creditors has appeared to oppose the relief requested. Nevertheless, the Court, acting pursuant to 11 U.S. C. § 105, has decided sua sponte not to grant some of the relief requested despite the default of the named parties, so as to…
2Cases cited11 opinions
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
- Long v. BullardSupreme Court of the United States · 1886
- Long and Wife v. BullardSupreme Court of the United States · 1886
- Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
- In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Garcia v. Phoenix Bond & Indemnity Co. (In Re Garcia)District Court, N.D. Illinois · 1989
- In Re OnyanUnited States Bankruptcy Court, N.D. New York · 1993
- Hampton v. Silver Screen Video, II, Inc. (In Re Hampton)United States Bankruptcy Court, M.D. Georgia · 1989
- In re PressleyUnited States Bankruptcy Court, S.D. Florida. · 1999