In re Whitley
Dec
07
2011
Ruling
Mortgage avoided as impairing debtor's homestead exemption.
Procedural posture
A bankruptcy debtor contended that the balance due under a first mortgage lien against the debtor's residence exceeded the value of the residence. The debtor moved pursuant to 11 U.S.C.S. § 522(f) to avoid a judgment creditor's lien against the residence as impairing the debtor's homestead exemption.
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Court
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