Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN RE DAVID ALAN SPEARS; NELLIE CATHERINE SPEARS; A/K/A KITTY SPEARS, A/K/A CATHERINE SPEARS, DEBTORS. DAVID ALAN SPEARS; NELLIE CATHERINE SPEARS, A/K/A KITTY SPEARS, A/K/A CATHERINE SPEARS, DEBTORS-APPELLEES, v. THORP CREDIT, INC., OF OHIO, CREDITOR-APPELLANT.

PER CURIAM.

Thorp Credit Inc., of Ohio (Thorp) appeals from the judgment entered by the Bankruptcy Court granting the motion of the debtors David Alan Spears and Nellie Catherine Spears to avoid the lien on their household goods held by Thorp.

This Court has held in In re Pine, 717 F.2d 281, 284 (6th Cir. 1983), cert. denied, ___ U.S. ___, 104 S.Ct. 1711, 80 L.Ed.2d 183 (1984), that when a state has opted out under 11 U.S.C. § 522(b) of the application of the federal exemptions, "debtors may avoid liens only on that property which the states have declared to be exempt." Under Ohio law, a debtor may exempt only an interest in property that is not subject to any third party liens. Ohio Rev. Code Ann. §§ 2329.66, 2329.661 (Page 1981). Accordingly, the debtors in this case may not avoid Thorp's lien on their household goods.

We therefore reverse the judgment of the Bankruptcy Court and remand for further proceedings.

Use AI to get other relevant cases.

Comments

IN RE SPEARS
(Sep 26, 1984)