Storer v. Thorp Credit Inc. (In Re Storer) (1980)
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Hall v. Finance One of Georgia Inc. (1985)
Cf. In re Storer, 13 B.R. 1, 3 (Bankr.S.D.Ohio 1980) (drawing a distinction between an exemption and the operation of a lien upon an exemption; with respect to the latter, no state may deprive a debtor of the right to avoid a lien authorized by the Bankruptcy Code).
drawing a distinction between an exemption and the operation of a lien upon an exemption; with respect to the latter, no state may deprive a debtor of the right to avoid a lien authorized by the Bankruptcy Code
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In Re Donald W. Hall and Lucile E. Hall, Debtors, Donald W. Hall and Lucile E. Hall v. Finance One of Georgia… (1985)
Cf. In re Storer, 13 B.R. 1, 3 (Bankr.S.D.Ohio 1980) (drawing a distinction between an exemption and the operation of a lien upon an exemption; with respect to the latter, no state may deprive a debtor of the right to avoid a lien authorized by the Bankruptcy Code). 23 The legislative history of the new Bankruptcy Code supports our view that the lien-avoidance provision was intended to apply to state exemptions, notwithstanding state limitations on the ability of debtors to …
drawing a distinction between an exemption and the operation of a lien upon an exemption; with respect to the latter, no state may deprive a debtor of the right to avoid a lien authorized by the Bankruptcy Code
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In Re Evans (2006)
In re Snow, 899 F.2d 337 , 340 (4th Cir.1990) (household goods subject to lien for judgment due to unpaid rent are exempt under § 522(f) even though state exemption law does not extend to execution orders on account of unpaid rent); Matter of Storer, 13 B.R. 1, 4 (Bankr.
“Ohio Rev.Code Ann. § 2329.661(C) is in direct conflict with 11 U.S.C. § 522 (f) and the act of Congress prevails over the conflicting state law.”
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In Re Thompson (1986)
As the court in In re Storer, 13 B.R. 1, 3 (Bankr.S.D.Ohio 1980) points out, it is quite logical to distinguish the concept of “exemption” and “operation of liens upon an exemption”.
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In Re Lawery (1985)
Cf. In re Storer, 13 B.R. 1, 3 (Bankr.S.D.Ohio 1980) (drawing a distinction between an exemption and the operation of a lien upon an exemption; with respect to the latter, no state may deprive a debtor of the right to avoid a lien authorized by the Bankruptcy Code). 2 If a state legislature may not prevent the so-called “fresh start” approach of the Bankruptcy Code, by defining out certain kinds of property, then we cannot find that judge-made law in Alabama, which simply ma…
drawing a distinction between an exemption and the operation of a lien upon an exemption; with respect to the latter, no state may deprive a debtor of the right to avoid a lien authorized by the Bankruptcy Code
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American Bank & Trust v. Miller (In Re Miller) (1983)
Ohio 1981); Associates Financial Services v. Dahdah, 20 B.R. 665, 666 (Bkrtcy.App. 9th Cir.1982); McKelvey v. US Life Credit Corp., 20 B.R. 405, 408 (Bkrtcy.D.Ariz.1982); Redin v. Fidelity Financial Services, 14 B.R. 727, 729 (Bkrtcy.D.Colo.1981); Phillips v. Household Finance Corp., 13 B.R. 811, 815 (Bkrtcy.N.D.Ohio 1981); Storer v. Thorp Credit, Inc., 13 B.R. 1, 4 (Bkrtcy.S.D.Ohio 1981); Frederickson v. Household Finance Corp., 12 B.R. 506, 508 (Bkrtcy.D.S.D.1981); Dickens…