Legal Opinion
J & M Securities, LLC v. Moore (In re Moore)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided July 8, 2013No. BAP No. 12-6061PublishedCited by 3 opinions
1Opinion of the Court
KRESSEL, Bankruptcy Judge.
J & M Securities, LLC, appeals from an order of the bankruptcy court1 granting Patricia Anne Moore’s motion to avoid a judicial lien on her homestead. Plainly stated, the ultimate question in this case is whether a state law exception to an exemption for a single creditor can prevent the debtor from exempting her homestead from property of the estate. 11 U.S.C. § 522(b). We hold that it does not and affirm.
Background
The facts are undisputed. On August 16, 2000, Patricia Ann Moore, the debtor, a/k/a Patricia Wallingsford, in conjunction with her then husband, John…
2Cases cited12 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Farrey v. SanderfootSupreme Court of the United States · 1991
- International Shoe Co. v. PinkusSupreme Court of the United States · 1929
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
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3Cited by3 opinions
- David G. Waltrip, LLC v. Ruby SawyersCourt of Appeals for the Eighth Circuit · 2021
- In re KyleUnited States Bankruptcy Court, S.D. Ohio · 2014
- Ruby Jeane SawyersUnited States Bankruptcy Court, E.D. Missouri · 2021