In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.

How courts have described this case

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

• \[S]ection 522(f) cannot be utilized independently of Sec. 522(b); the debtors may avoid liens only on that property which the states have declared to be exempt.\
• Congress expressed preference for state control of exemptions by enacting the \opt-out\ provision without limitation; therefore, it is doubtful that Congress intended section 522(f) to limit the kind of property states could define as exempt
• Congress expressed preference for state control of exemptions by enacting the “opt-out” provision without limitation; therefore, it is doubtful that Congress intended section 522(f) to limit the kind of property states could define as exempt
• Memorandum Decision, for publication, filed September 7, 1983

Source: CourtListener parenthetical corpus (CC0).