Spears v. Thorp Credit, Inc.

Sixth Circuit

Spears v. Thorp Credit, Inc.

744 F.2d 1225, 11 Collier Bankr. Cas. 2d 438

CourtCourt of Appeals for the Sixth Circuit

DecidedSeptember 26, 1984

DocketNo. 83-3807

StatusPublished

Cited by4 cases

This text of 744 F.2d 1225 (Spears v. Thorp Credit, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Spears v. Thorp Credit, Inc., 744 F.2d 1225, 11 Collier Bankr. Cas. 2d 438 (6th Cir. 1984).

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Opinion

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[1226]*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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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[1226]*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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744 F.2d 1225, 11 Collier Bankr. Cas. 2d 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spears-v-thorp-credit-inc-ca6-1984.

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