Legal Opinion

Harris v. Herman (In Re Herman)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 24, 1990No. BAP No. CC-89-2171-PMeO, Bankruptcy No. SB 89-04367 MGPublishedCited by 64 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge:

The debtor sought to avoid judgment-liens on her residence under 11 U.S.C. § 522(f). The judgment creditor contended that California law did not provide for a homestead exemption because the debtor had contracted for the voluntary sale of her residence and therefore the court should not avoid the liens. We affirm the bankruptcy court’s order avoiding the liens.

PACTS

The debtor/appellee, Ruth E. Herman (the “debtor”), owned and resided at real property located in San Bernadino County, California. First and second trust deeds encumbered the residence in the…

2Cases cited11 opinions

  1. Magallanes v. Williams (In Re Magallanes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. In Re ColeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  4. Knudsen v. Brock (In Re Knudsen)United States Bankruptcy Court, C.D. California · 1987
  5. In Re WhitmanUnited States Bankruptcy Court, S.D. California · 1989

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

3Cited by64 opinions

  1. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  2. Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012
  3. Morgan v. Federal Deposit Insurance (In Re Morgan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  4. Hyman v. Plotkin (In Re Hyman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  5. Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003

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

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