Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re: Donald L. Davis v. Donald L. Davis

January 8, 2013

IN RE: DONALD L. DAVIS, DEBTOR
MICHAEL OLDFIELD,
APPELLANT/CREDITOR,
v.
DONALD L. DAVIS,
APPELLEE/DEBTOR.



(Bankruptcy No. 11-27057-CMB)

The opinion of the court was delivered by: Cercone, J.

Electronic Filing

MEMORANDUM OPINION

I. INTRODUCTION

Before the Court is an appeal by Michael Oldfield ("Oldfield" or "Appellant") from the final judgment of the United States Bankruptcy Court for the Western District of Pennsylvania denying Oldfield's objection to the exemption claimed on a 2002 Harley Davidson motorcycle by Debtor, Donald L. Davis ("Davis" or "Debtor"), avoiding the judgment lien held by Oldfield, and granting Davis' exemption on the Harley Davidson in the amount of $6,250.00. This Court has jurisdiction to hear the appeal from the final order of the Bankruptcy Court pursuant to 28

U.S.C. § 158(a).

II. STATEMENT OF THE CASE

Davis voluntarily commenced a Chapter 7 bankruptcy proceeding on November 18, 2011, in the United States Bankruptcy Court for the Western District of Pennsylvania at No. 11-27057. Listed in Schedule B of Davis' petition was a 2002 Harley Davidson motorcycle valued at $6,260.00. In Schedule C of his petition, Davis exempted the full value of the motorcycle pursuant to 11 U.S.C. § 522(d)(2) and § 522(d)(5).

On or about November 3, 2011, Oldfield obtained a judgment against Davis in the amount of $4,561.50 in the Court of Common Pleas of Beaver County at Case Number 12896-2010. A writ of execution on the judgment was issued on November 4, 2011. The Beaver County Sheriff levied on Davis' motorcycle and scheduled a sheriff's sale for November 21, 2011.

Davis filed a Motion to Avoid Judicial Lien under 11 U.S.C. § 522(f) on January 27, 2012, and Oldfield filed a response and an objection to the exemption claimed. A hearing was held in the Bankruptcy Court on May 10, 2012. The Bankruptcy Court filed a Memorandum Order on May 14, 2012, finding as follows:

. . . no credible evidence was presented that would give [the motorcycle] a higher monetary value that $6,250.00. . . Therefore, the 2002 Harley Davidson motorcycle is held to have a value of $6,250.00.

The value of the judgment lien held by Michael Oldfield is $4,561.50.

The exemption claim of $6,260.00 on said motorcycle was not proven to be disallowable. . . . the judgment lien held by [Oldfield] on [Davis'] personal property, the 2002 Harley Davidson motorcycle, impairs [Davis'] exemption rights.

The Court then avoided the lien held by Oldfield, denied Oldfield's objection to the exemption claimed on the Harley Davidson, and allowed Davis' exemption on the 2002 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.