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Kipperman v. Sutherland (In re Bush)

Nov
14
2006
Ruling
Charging lien against both real estate and proceeds of sale was valid and non-avoidable.
Procedural posture

After plaintiff trustee filed an adversary proceeding asserting claims for relief under 11 U.S.C. §§ 544(a)(1), (2) and (3), 545(2) and 547(b), the effect of which would be to avoid a charging lien filed by defendant, former counsel to the chapter 7 debtor, defendant moved for summary judgment declaring that the charging lien was valid and had attached to proceeds of the sale of debtor's real estate in connection with debtor's divorce.

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opinion summary, case decided on November 14, 2006 , LexisNexis #0107-117
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In re Kanakaris

Mar
23
2006
Ruling
Postpetition accrual of interest on creditor's liens was authorized since the debtor's homestead exemption was fully protected under section 522(f).
Procedural posture

A judgment creditor's liens against a bankruptcy debtor's property were not entirely avoidable, and the debtor argued that the creditor was not entitled to postpetition interest on those liens. The creditor sought an order authorizing the accrual of interest on the liens.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-120
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