- 11 U.S.C.
Orange Countys Credit Union v. Garcia (In re Garcia)
Mar
05
2013
Ruling
Lien on Mercedes could be avoided if the vehicle was shown to be a tool of debtor's trade.
Procedural posture
Debtor filed for chapter 7 bankruptcy. She claimed that a car was exempt from her bankruptcy estate under Cal. Code Civ. Proc. § 703.140(b)(5) (2010). The debtor moved to avoid the lien on the car under 11 U.S.C.S. § 522(f)(1)(B). A bankruptcy court ruled that the debtor could not have used the statutes. The U.S. District Court for the Central District of California reversed and remanded the case. Lien-holder filed an appeal.
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Court
:
Judge or Jurisdiction information not available