Legal Opinion

In re Issa

United States Bankruptcy Court, S.D. New York

Decided November 15, 2013No. Case No. 13-35317 (CGM)PublishedCited by 11 opinions

1Opinion of the Court

Chapter 7

MEMORANDUM DECISION GRANTING OBJECTION TO HOMESTEAD EXEMPTION AND DENYING MOTION TO AVOID JUDICIAL LIEN

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Debtor’s former attorney and the holder of a judicial lien against real property that *225Debtor claims as her residence opposed Debtor’s motion to avoid his judicial lien and objected to Debtor’s use of the homestead exemption. Debtor is not residing in the property upon which she claimed a homestead exemption and evidence at trial showed that Debtor did not intend to reside at that property on the petition date. As such, the Court…

2Cases cited8 opinions

  1. Town of Skaneateles v. Scott (In Re Scott)United States Bankruptcy Court, N.D. New York · 1998
  2. In Re MillerUnited States Bankruptcy Court, N.D. New York · 1989
  3. In Re MoulterieUnited States Bankruptcy Court, E.D. New York · 2008
  4. In re BellafioreUnited States Bankruptcy Court, E.D. New York · 2013
  5. Fontana v. FontanaAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by11 opinions

  1. In re WardUnited States Bankruptcy Court, E.D. New York · 2018
  2. In re ApergisUnited States Bankruptcy Court, E.D. New York · 2015
  3. Stratton Oakmont, LLC v. TomlinsonAppellate Division of the Supreme Court of the State of New York · 2017
  4. Barbara Giordano-LeonaggeoUnited States Bankruptcy Court, S.D. New York · 2025
  5. IME WatchDog, Inc. v. GelardiDistrict Court, E.D. New York · 2024

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