- 11 U.S.C.
In re Cunningham
Aug
14
2012
Ruling
Mechanic's lien was statutory and could not be avoided as impairing debtors' homestead exemption.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and sought a determination that they were allowed under 11 U.S.C.S. § 522(f)(1)(A) to avoid a mechanic's lien which a creditor placed on their residence. The creditor opposed the debtor's motion, and the court held a hearing on the debtors' motion and the creditor's objection.
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Court
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