IN RE WENNER

Bankruptcy No. 82-01936, Adv. No. A83-0515.

39 B.R. 288 (1984)

In re Harry WENNER, wwi Elayne Beverly Wenner, and the marital community composed thereof, Debtor. Warren Lief ERICKSON, Trustee, Plaintiff, v. Harry WENNER, wwi Elayne Beverly Wenner; University Federal Savings and Loan Association; Michael R. Mastro and Joan K. Mastro, husband and wife; Isaac S. Gamel and Nancy Gamel, husband and wife; KRJ, a Washington general partnership; Burl R. Pettibon and Audrey Pettibon, husband and wife; and Karen L. Gillies, Defendants.

United States Bankruptcy Court, W.D. Washington, at Seattle.

February 29, 1984.


Attorney(s) appearing for the Case

Donald E. Elliott, Seattle, Wash., for plaintiff/trustee Warren Lief Erickson.

Patrick C. Comfort, Tacoma, Wash., for defendants Burl R. and Audrey Pettibon.


MEMORANDUM DECISION

SIDNEY C. VOLINN, Bankruptcy Judge.

Two basic questions are presented here. First, does an amendment to the homestead statute creating an automatic homestead have retroactive effect as to pre-existing judgments. Second, whether a judgment lien attaches to excess value above the homestead so as to defeat the claim, under 11 U.S.C. § 544(a)(3), of a trustee in a bankruptcy filed subsequent to the judgment. Implicit in the foregoing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases