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Denial of motion to avoid judicial lien on debtor’s residence under 522(f) is remanded

1st Circuit

In Re: Donald J. Wilding (01/30/07 – No. 05-9011)

Denial of motion to avoid judicial lien on debtor’s residence under 522(f) is remanded — for 522(f) to apply, the lien need not exist at the moment the debtor files its motion.

2nd Circuit

In Re: Enron Corp. (01/29/07 – No. 05-5599)

Dismissal of bankruptcy appeal for failure to comply with Rule 8009 is reversed as Rule 8009’s 15-day time limit for filing of appellant’s brief is only triggered once the appeal is docketed and notice that the appeal has been docketed is sent to the parties — it is not triggered simply by the docketing of a bankruptcy appeal by the district court clerk.

5th Circuit

Peoples State Bank v. Gen. Elec. Capital Corp. (01/29/07 – No. 06-30105)

Decisions resolving the claims of 2 secured creditors to the same proceeds from an auction of non-titled movable collateral are affirmed over multiple claims of error, essentially for the reasons assigned by the bankruptcy court in the first place.