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· 7/28/2003

Garran v. SMS Financial V, LLC (In Re Garran)

Citations

  • 338 F.3d 1
  • 2003 U.S. App. LEXIS 14928
  • 2003 WL 21730572

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that where Massachusetts courts have not yet addressed an issue, the court must predict how the Massachusetts Supreme Judicial Court would interpret the statute
  • recognizing that where Massachusetts courts have not yet addressed an issue, the court must predict how the Massachusetts Supreme Judicial Court would interpret the statute
  • stating that when a state court has not interpreted a state statute, the federal court “must predict how the [highest state court] would interpret the statute”
  • stating that when a state court has not interpreted a state statute, the federal court \must predict how the [highest state court] would interpret the statute\
  • stating that when a state court has not interpreted a state statute, the federal court “must predict how the [highest state court] would interpret the statute”
  • allowing debtors to avoid certain judicial liens which impair their exemptions furthers the underlying “fresh start” policy of the Bankruptcy Code

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Stahl, Lipez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.