In Re Oster
United States Bankruptcy Court, E.D. California
1Opinion of the Court
MEMORANDUM OPINION
W. RICHARD LEE, Bankruptcy Judge.
In this opinion, the court addresses the question of whether Chapter 7 debtors may amend their exemptions under 11 U.S.C. § 522(b) to add a new exemption of previously scheduled property, after their case has been closed, and then move to avoid a prepetition judgment lien against that property pursuant to 11 U.S.C. § 522(f)(1) on the grounds that the judgment lien impairs the new exemption. It is the court’s conclusion that they may not.
This motion to avoid the judgment lien of Phoenix Leasing Incorporated (“Phoenix”) was heard on February…
2Cases cited14 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
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3Cited by2 opinions
- Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In Re TarkingtonUnited States Bankruptcy Court, E.D. Tennessee · 2003