IN RE WILDING

No. 05-9011.

475 F.3d 428 (2007)

In re Donald J. WILDING, Debtor. Donald J. Wilding, Debtor-Appellant, v. CitiFinancial Consumer Financial Services, Inc., Appellee.

United States Court of Appeals, First Circuit.

Decided January 30, 2007.


Attorney(s) appearing for the Case

Christopher M. Lefebvre, with whom Law Offices of Claude Lefebvre & Sons was on brief, for appellant.

Americo M. Scungio, with whom Scungio & Priolo was on brief, for appellee.

Before Torruella and Howard, Circuit Judges, and Woodlock, District Judge.


WOODLOCK, District Judge.

The question presented is whether 11 U.S.C. § 522(f) permits a debtor to avoid a judicial lien if the lien existed at the filing of the bankruptcy petition but was satisfied after the bankruptcy case closed and before the debtor filed a motion to avoid. The Bankruptcy Court and the Bankruptcy Appellate Panel below concluded that it does not. We disagree and will remand the matter to permit the Bankruptcy Court to address any equitable...

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