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Legal Opinion

In Re Bruton

United States Bankruptcy Court, S.D. California

Decided June 14, 1994No. 19-00524PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION

LOUISE DeCARL ADLER, Bankruptcy Judge.

John J. Bruton, Debtor, has moved to avoid the judicial hen of Spindrift Del Mar Homeowners Association (“HOA”) pursuant to 11 USC Section 522®, claiming that the hen impaired his homestead exemption. HOA opposes this motion, stating that Bru-ton did not reside at the property during those times required by the statute and is not entitled to a homestead exemption under the laws of the State of California.

FACTUAL SUMMARY

Bruton is record titleholder to a condominium. Because he failed to pay monthly assessment fees, the HOA filed a…

2Cases cited8 opinions

  1. Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  2. In Re Eric Anderson and Anna Anderson, Debtors. Redwood Empire Production Credit Association v. Eric Anderson and Anna AndersonCourt of Appeals for the Ninth Circuit · 1987
  3. In Re DodgeUnited States Bankruptcy Court, E.D. California · 1992
  4. Nadel v. Mayer (In Re Mayer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. In Re SeyfertUnited States Bankruptcy Court, S.D. California · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  2. Debra Wilson v. James RigbyCourt of Appeals for the Ninth Circuit · 2018
  3. In Re MulchUnited States Bankruptcy Court, N.D. California · 1995
  4. In Re SalanoaUnited States Bankruptcy Court, S.D. California · 2001
  5. In Re PhamUnited States Bankruptcy Court, C.D. California · 1994

6 more not listed; retrieve them via the Exa API.

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