- 11 U.S.C.
In re Tescione
Nov
16
2009
Ruling
Debtor could not avoid judicial lien as impairing exemption while title to the property was held by fraudulent transferee.
Procedural posture
A creditor obtained a judgment against a bankruptcy debtor after the debtor fraudulently transferred real property, as determined by a state court, and the debtor claimed an exemption in the property which was subsequently reconveyed to the debtor. The debtor moved to avoid the creditor's judicial lien as impairing the exemption under 11 U.S.C.S. § 522(f)(1).
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Court
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