In re Bromstead
Nov
17
2006
Ruling
Pre-acquisition judgement lien was not avoidable as impairing exemption so that prior avoidance ruling was reversed on reconsideration.
Procedural posture
Bankruptcy debtors filed a petition for relief under chapter 13 of the Bankruptcy Code. They claimed a homestead exemption with respect to their residence and were granted relief under 11 U.S.C. § 522(f) to avoid the liens of three outstanding judgments. Movant judgment creditor sought reconsideration of the order which avoided the lien of her judgment as against the homestead of the debtors.
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Court
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