In re Spears
Cases that cite this one
11 later published cases cite this decision.
- In re Weiss (United States District Court for the District of Colorado 1985)
- In re Moreland (United States Bankruptcy Court, S.D. Ohio 1992)
- In re Dixon (6th Cir. 1989)
- In re Sharon Brooks, Debtor. Commercial Credit Corporation v. Sharon Brooks (6th Cir. 1987)
- In re Whitlow (United States Bankruptcy Court, N.D. Ohio 1987)
- Anderson v. Dayton Plumbing Supply Co. (In re Anderson) (United States Bankruptcy Court, S.D. Ohio 1986)
- In re Miller (United States Bankruptcy Court, W.D. Missouri 1986)
- In re Pelter (United States Bankruptcy Court, W.D. Oklahoma 1986)
- In re Stiger (United States Bankruptcy Court, N.D. Ohio 1985)
- Thorp Credit, Inc. v. McGuire (In re McGuire) (United States Bankruptcy Court, S.D. Ohio 1985)
- Thompson v. THORP FINANCIAL SERVICES (United States Bankruptcy Court, S.D. Ohio 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
11 Collier Bankr.Cas.2d 438, 12 Bankr.Ct.Dec. 475,
Bankr. L. Rep. P 70,049
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.
No. 83-3807.
United States Court of Appeals,
Sixth Circuit.
Argued Aug. 20, 1984.
Decided Sept. 26, 1984.
D.L. Mains, Jr., Columbus, Ohio, E. Bruce Hadden, argued, Worthington, Ohio, for creditor-appellant.
Ric Daniell, Columbus, Ohio, for debtors-appellees.
Before ENGEL and KENNEDY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.
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. Sec. 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. Secs. 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.