U.S. Court of Appeals for the Sixth Circuit, 1984

Spears v. Thorp Credit, Inc.

U.S. Court of Appeals for the Sixth Circuit · Decided September 26, 1984 · Celebrezze, Engel, Kennedy

744 F.2d 1225; 11 Collier Bankr. Cas. 2d 438 (Federal Reporter, Second Series)

Counsel

D.L. Mains, Jr., Columbus, Ohio, E. Bruce Hadden, argued, Worthington, Ohio, for creditor-appellant., Ric Daniell, Columbus, Ohio, for debtorsappellees.

Cases that cite this one

4 later published cases cite this decision.

Anderson v. Dayton Plumbing Supply Co. (In re Anderson) (United States Bankruptcy Court, S.D. Ohio 1986)
Credithrift of America, Creditor v. Mary Barbara Lawson, Debtor (6th Cir. 1986)
Mary Barbara Lawson, Debtor v. United States of America, Intervenor (6th Cir. 1986)
In re Spears (6th Cir. 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 of the Court

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). Accord*1226ingly, 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.

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