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OWEN v. OWEN

No. 89-1008.

500 U.S. 305 (1991)

111 S.Ct. 1833

114 L.Ed.2d 350

OWEN v. OWEN.

Supreme Court of United States.

Decided May 23, 1991.

Attorney(s) appearing for the Case

Roger L. Fishell argued the cause for petitioner. With him on the briefs was Isidore Kirshenbaum.

Timothy B. Dyk argued the cause for respondent. With him on the brief was David A. Townsend.

JUSTICE SCALIA delivered the opinion of the Court.

The Bankruptcy Code allows the States to define what property a debtor may exempt from the bankruptcy estate that will be distributed among his creditors. 11 U. S. C. § 522(b). The Code also provides that judicial liens encumbering exempt property can be eliminated. § 522(f). The question in this case is whether that elimination can operate when the State has defined the exempt property in such a way as...

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