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In re Criscuolo

In re Criscuolo

Ruling
Lien securing deficiency judgment arising from mortgage foreclosure was not avoidable.
Procedural posture

Debtors filed a joint voluntary petition under chapter 7 of the Bankruptcy Code on April 26, 2001, and they received a discharge on August 29, 2001. The court reopened the debtors' case on April 26, 2006, so that one of the debtors could file an action against a bank, seeking an order under 11 U.S.C.S. § 522(f) avoiding judgment liens the bank had placed on real property the debtor owned.

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Consumer opinion summary, case decided on April 18, 2008 , LexisNexis #0508-098