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In re Horne

In re Horne

Ruling
Mechanic's lien perfected and enforced by judicial process was not transformed into an avoidable judicial lien.
Procedural posture

A judgment was entered in state court against a bankruptcy debtor which enforced a creditor's mechanic's lien against the debtor's property. After the debtor's case was closed and the debtor's property was sold at a foreclosure sale, the debtor moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the debtor's exemption in the property.

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Consumer opinion summary, case decided on December 02, 2009 , LexisNexis #0310-119