Legal Opinion

In Re Carilli

United States Bankruptcy Court, E.D. New York

Decided September 30, 1986No. 8-19-70845PublishedCited by 19 opinions

1Opinion of the Court

DECISION & ORDER

C. ALBERT PARENTE, Bankruptcy Judge.

The debtor, Mary Carilli (“Carilli”), brought on a motion to reopen her Chapter 7 bankruptcy proceeding for the purpose of avoiding a judicial lien alleged to impair a claimed section 522(d)(1) exemption. The issue presented is whether the debtor has standing to bring an action under § 522(f) after she has sold the claimed exempt property.

FINDINGS OF FACT

On June 15, 1981, the debtor filed a petition under Chapter 7 of the Bankruptcy Reform Act of 1978 (Code), unaware that Memberloan Plan, Inc. (“Memberloan”) had on June 12, 1981, docketed a…

2Cases cited31 opinions

  1. In Re AdkinsUnited States Bankruptcy Court, S.D. California · 1980
  2. Associates Financial Services v. Swanson (In Re Swanson)United States Bankruptcy Court, D. Idaho · 1981
  3. Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)United States Bankruptcy Court, W.D. Oklahoma · 1981
  4. Tarrant v. Spenard Builders Supply, Inc. (In Re Tarrant)United States Bankruptcy Court, D. Alaska · 1982
  5. Bennett v. Commercial Credit Plan (In Re Bennett)United States Bankruptcy Court, W.D. Michigan · 1981

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

3Cited by19 opinions

  1. In the Matter of Henri J. Bianucci and Barbara J. Bianucci, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1993
  2. Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  3. In Re: Thomas Kai-Ming Chiu in Re: Linda Luk Chiu, Debtors, Culver, LLC v. Thomas Kai-Ming Chiu Linda Luk ChiuCourt of Appeals for the Ninth Circuit · 2002
  4. Wilding v. CitiFinancial Consumer Financial Services, Inc.Court of Appeals for the First Circuit · 2007
  5. In Re QuackenbosUnited States Bankruptcy Court, E.D. Pennsylvania · 1987

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

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