Legal Opinion
White v. Gulesian (In Re White)
Bankruptcy Appellate Panel of the First Circuit
Decided December 17, 1982No. Bankruptcy 82-9045PublishedCited by 6 opinions
1Per curiam
Appellant argues that 11 U.S.C. § 522(f)(1) 1 should not be applied retroactively to allow the debtor/appellee to avoid a judicial lien, which impairs her exemption, placed on the debtor’s property prior to the enactment of the Bankruptcy Act of 1978. 2
In United States v. Security Industrial Bank, 456 U.S. 922, 102 S.Ct. 1965, 72 L.Ed.2d 437 (1982), the Supreme Court held that § 522(f)(2) was not intended to be applied retroactively. When a bankruptcy statute affects a property right, it should not be applied retroactively unless the legislature has so directed in unequivocal terms. Id. The…
2Cases cited2 opinions
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- United States v. Security Industrial BankSupreme Court of the United States · 1982
3Cited by6 opinions
- In Re Charles E. Ashe and Susan J. Ashe T/a C & S Fuel Service, Debtors. The Commonwealth National Bank, Objector v. United States of America, Intervenor, the Commonwealth National Bank, Creditor-Objector, the Commonwealth National Bank v. Robert G. Dobslaw and Lynnore W. Dobslaw, Individually and T/a Video Pl. Appeal of the Commonwealth National Bank. In Re Aaron Franklin Burkholder and Anna Mary Burkholder, Husband and Wife, Debtors. Appeal of the Commonwealth National Bank. In Re Paul S. Bosworth and Mabel G. Bosworth. Appeal of the Commonwealth National BankCourt of Appeals for the Third Circuit · 1983
- Saturley v. Casco Northern Bank, N.A. (In Re Saturley)United States Bankruptcy Court, D. Maine · 1993
- Negri v. State Tax Commission (In Re Negri)United States Bankruptcy Court, E.D. New York · 1983
- Ashe v. United StatesCourt of Appeals for the Third Circuit · 1983
- Daniels v. Department of Public WelfareDistrict Court, E.D. Pennsylvania · 1983
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