Jeffrey Lewis White v. Commercial Bank & Trust Co.; Jennifer Gay White v. Commercial Bank & Trust Co., No. 11-6032 (8th Cir. 2011)
Annotate this CaseAppellants in these consolidated appeals were debtors in their respective chapter 7 cases. Creditor objected to debtors' homestead exemption claims and moved for relief from the automatic stay. Debtors then moved to avoid creditor's judicial liens. The bankruptcy court consolidated all of the motions and all three parties moved for summary judgment. The bankruptcy court overruled creditor's objection to debtors' exemption, denied debtors' motions to avoid creditor's judicial liens, and granted creditor relief from the automatic stay to allow it to foreclose its judicial liens. Debtors appealed. Because the court held that creditor's judicial liens were avoidable, the court reversed the bankruptcy court's decision to deny debtors' motion to avoid its liens. Because the bankruptcy court's order granting relief from the automatic stay was moot, the court dismissed the appeal as to that part of the bankruptcy court's order.
Court Description: Bankruptcy Appellate Panel. Since both debtors' property would be totally exempt in the absence of Commercial Bank's liens, it follows that the bank's line impairs the debtors' exemption and is therefore avoidable.
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