Duly v. Dragone (In re Duly)
Jul
05
2006
Ruling
Court determined valuation of property using section 522(f)(2)(A) formula and granted motion to avoid creditor's judicial lien.
Procedural posture
The debtor filed a motion to avoid creditor's judicial lien pursuant to 11 U.S.C. § 522(f). Since it was undisputed that the subject lien was a judicial lien, that the debtor was entitled to a $75,000 homestead exemption, and the debtor's interest in the property was 50 percent of the value of the property, the sole issue was the valuation of the property as of the petition date.
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Court
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