IN RE ANDREW S. BLAND AND SONNIA J. BLAND, DEBTORS. FINANCE ONE, PLAINTIFF-APPELLANT,
v.
ANDREW S. BLAND AND SONNIA J. BLAND, DEFENDANTS-APPELLEES
PER CURIAM:
This appeal presents two questions: (1) whether under the Georgia homestead exemption debtors may use 11 U.S. C.A. § 522(f) to avoid liens that encumber property they seek to exempt, and (2) whether 11 U.S.C.A. § 522(f) is available to Chapter 13 debtors. These issues were decided in the debtor’s favor by a panel of this Court in In re Hall, 752 F. 2d 582 (11th Cir.1985).
The same conclusion was reached by the district court in this case in entering judgment for the debtor. Appellant, Finance One, concedes that In re Hall decides the matter if that decision is controlling in this Circuit. Appellant’s only argument is that since the decision was made by a quorum of two judges, the third judge not participating in the decision, it is not binding on this three judge panel. This argument is without merit. A panel opinion of this Court is always binding on a subsequent panel even if the decision is made by only a quorum. Panel precedent in this Circuit can only be changed by the Court sitting en banc or by decision of the Supreme Court. United States v. Darby, 744 F. 2d 1508, 1517 n. 2 (11th Cir.1984); Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir.1981) (en banc).
AFFIRMED.
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In re Bland v. Bland, 793 F.2d 1172 (11th Cir. 1986)…lees’ right under section 522(f) of the Bankruptcy Code to avoid nonpossessory, nonpurchase-money security interests held by appellant. The bankruptcy court and the district court ruled in favor of the debtors. The panel affirmed the district court, 760 F. 2d 1252 (1985) relying on the prior decision of this court, In re Hall, 752 F. 2d 582 (11th Cir.1985). The appellant asks the court to overrule Hall. We decline to do so. The relevant facts are brief. In 1981, appellees Andrew and Sonia Bland executed loan…
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In re Bland v. Bland, 768 F.2d 1212 (11th Cir. 1985)…(Opinion May 21, 1985, 11th Cir., 1985, 760 F. 2d 1252). Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges. BY THE COURT: A member of this Court in active service having requested a poll on the application for…
Authorities Cited
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- United States v. Darby, 744 F.2d 1508 (11th Cir. 1984)
- In re Hall v. Fin. ONE OF Ga. Inc., 752 F.2d 582 (11th Cir. 1985)