In re Calloway
Feb
16
2010
Ruling
Judgment lien avoided as impairing debtor's retroactively applied state homestead exemption.
Procedural posture
The debtor moved, pursuant to 11 U.S.C.S. § 522(f), to avoid judgment liens, including one that a creditor had perfected prior to August 30, 2005. The issue was whether the statutory amendment of N.Y. C.P.L.R. 5206, that increased New York's homestead exemption from $ 10,000 to $ 50,000, had retroactive effect, which would allow the debtor to avoid that judgment lien.
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Court
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