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In re Van Schoiack

In re Van Schoiack

Ruling
Judgment lien avoided only to extent impairing debtor's state homestead exemption.
Procedural posture

Debtors filed a petition under chapter 7 of the Bankruptcy Code and claimed a $100,000 homestead exemption under Idaho Code Ann. § 55-1003 in a home they owed. The debtors sought an order under 11 U.S.C.S. § 522(f)(1)(A) which allowed them to avoid a $200,000.00 judgment lien a creditor had placed on their home. Neither the creditor nor any other party filed a response to the debtors' motion.

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Consumer opinion summary, case decided on January 20, 2012 , LexisNexis #0212-117