- 11 U.S.C.
In re Phillips
Mar
05
2010
Ruling
Judicial lien avoided as impairing debtor's unopposed homestead exemption.
Procedural posture
Creditor mortgagee foreclosed on commercial real estate owned by the debtor husband, and then obtained a deficiency judgment against the debtor in the amount of $ 29,644.34 plus $ 251 costs. The debtors filed for chapter 7 relief and moved to avoid the judicial lien of the creditor mortgagee based on their homestead exemption under Ala. Code § 6-10-2. The creditor mortgagee objected to the claimed exemption.
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Court
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