In Re O'Connell
United States Bankruptcy Court, D. Montana
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
In this Chapter 7 case, the Debtor has filed a motion to avoid a lien of creditor Bell pursuant to 11 U.S.C. § 522(f). After response by the creditor, the matter was heard upon notice on May 25,1994, with the Debtor appearing and testifying and represented by Debtor’s counsel. Creditor Bell, an attorney, appeared on her behalf. At issue is whether Bell’s claim for attorney’s fees arising from representation of the Debtor in a pre-petition divorce action is voidable under § 522(f) as impairing the homestead exemption of .the Debtor.
The facts on the issue…
2Cases cited16 opinions
- Farrey v. SanderfootSupreme Court of the United States · 1991
- Ransom v. MarrazzoCourt of Appeals for the Third Circuit · 1988
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Recht v. Clairton Urban Redevelopment AuthoritySupreme Court of Pennsylvania · 1961
- Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass GraffenCourt of Appeals for the Third Circuit · 1992
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3Cited by7 opinions
- Weed v. Washington (In Re Washington)District Court, M.D. Florida · 1999
- In re BenbowUnited States Bankruptcy Court, D. Colorado · 2013
- Baldwin v. Phillips (In re Phillips)United States Bankruptcy Court, D. New Mexico · 2014
- In Re ScottUnited States Bankruptcy Court, C.D. California · 2009
- In re HaackeUnited States Bankruptcy Court, D. Montana · 2011
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