In Re Groff
United States Bankruptcy Court, S.D. Illinois
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
In this chapter 13 proceeding, the debtors are purchasing a residence in Marion County, Illinois, under an installment agreement for warranty deed (hereafter “contract”) and seek to avoid judicial liens of St. Mary’s Hospital (hereafter “St. Mary’s”) under § 522(f)(1)(A) of the Bankruptcy Code 1 as impairing their Illinois homestead exemption, At issue is whether the installment contract is an executory contract under which the debtors, as purchasers, have no legal or equitable interest in real estate to which judicial liens can attach, or whether it…
2Cases cited7 opinions
- In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
- Shay v. PenroseIllinois Supreme Court · 1962
- In Re VanZantUnited States Bankruptcy Court, S.D. Illinois · 1997
- In Re FitchUnited States Bankruptcy Court, S.D. Illinois · 1994
- City of Chicago v. MandolineAppellate Court of Illinois · 1960
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3Cited by1 opinion
- In Re KingsmoreUnited States Bankruptcy Court, D. South Carolina · 2002