All Points Capital Corp. v. Meyer (In Re Meyer)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The bankruptcy court avoided two judgment liens under 11 U.S.C. § 522(f) as impairing the debtor’s exemption in co-owned real estate. Appellant wants the court’s order avoiding the senior $275,000 lien to remain intact on a default theory but wants it reversed as to its own junior lien on the theory the court ignored $91,497.50 of nonexempt equity to which judgment liens can remain attached after bankruptcy.
We agree there is nonexempt equity to which judgment liens may remain attached. Construing § 522(f)(2), which has not been amended since 1994,1 to avoid an…
2Cases cited11 opinions
- Gary R. Eitel v. William D. McCoolCourt of Appeals for the Ninth Circuit · 1986
- Jose Luis Pena v. Seguros La Comercial, S.A.Court of Appeals for the Ninth Circuit · 1985
- Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Nelson v. ScalaCourt of Appeals for the First Circuit · 1999
- Zeigler Engineering Sales, Inc. v. Cozad (In Re Cozad)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re: Richard Jackson and Tamara Anne JacksonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- William F. Sandoval Irrevocable Trust v. Taylor (In Re Taylor)Court of Appeals for the Tenth Circuit · 2018
- Frates v. Wells Fargo Bank, N.A. (In Re Frates)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re ObedianUnited States Bankruptcy Court, C.D. California · 2016
- Peters v. Bryan (In Re Bryan)United States Bankruptcy Court, D. Colorado · 2010
12 more not listed; retrieve them via the Exa API.