Legal Opinion
In Re Smith
United States Bankruptcy Court, E.D. California
Decided September 7, 1990No. 16-10787PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
DAVID E. RUSSELL, Bankruptcy Judge.
The three major questions raised by these motions are (1) whether a judicial lien creditor, having initially failed to object to any of the debtor’s exemption claims, is foreclosed from defending a lien avoidance motion by objecting to the validity of the exemption, (2) whether the pre-bankruptcy perfection of a lien, coupled with a concurrent waiver of a potential exemption claim by the debtor, terminates some or all of the ownership interest of the debtor-obligor in the liened asset, and (3) whether the pre-bankruptcy statutory or…
2Cases cited25 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- White v. StumpSupreme Court of the United States · 1924
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- In Re Earnest James Pederson, Debtor. Bonnie Jean Stedman v. Earnest James PedersonCourt of Appeals for the Ninth Circuit · 1989
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Morgan v. Federal Deposit Insurance (In Re Morgan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- In Re FranklinUnited States Bankruptcy Court, N.D. Illinois · 1997
- In Re DodgeUnited States Bankruptcy Court, E.D. California · 1992
- In Re StreeperUnited States Bankruptcy Court, N.D. Iowa · 1993
- In Re ArmenakisUnited States Bankruptcy Court, S.D. New York · 2009
9 more not listed; retrieve them via the Exa API.