§ 522

In re May

Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.
Ruling: 
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
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In re Kanakaris

A judgment creditor's liens against a bankruptcy debtor's property were not entirely avoidable, and the debtor argued that the creditor was not entitled to postpetition interest on those liens. The creditor sought an order authorizing the accrual of interest on the liens.
Ruling: 
Postpetition accrual of interest on creditor's liens was authorized since the debtor's homestead exemption was fully protected under section 522(f).
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In re Sainlar

Movant creditor objected to respondent debtors' homestead exemption under Fla. Const. art. X, § 4(a)(1), Fla. Stat. 222.01, 222.02 and 222.05 in their chapter 7 case.
Ruling: 
Creditor's objection to claimed exemption was overruled since section 522(p) was not applicable to debtors'property and did not limit their homestead exemption.
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In re Wagstaff

The debtor filed a proceeding for relief under chapter 7 and claimed a homestead exemption and a tenancy by the entireties exemption. The trustee objected to the claimed property exemptions.
Ruling: 
Trustee's objection to debtor's claimed exemption in residence held as tenancy by entirety was sustained since section 522(p)(1)'s $125,000 limitation applied and one creditor's claim was against both debtor and debtor's husband.
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Barber v. K-B Bldg. Co. (In re Barber)

Debtor filed a motion for an order prohibiting creditor from pursuing a lawsuit the creditor brought against the debtor and his wife that was pending in state court. The debtor asked that the creditor be held in contempt for violating the order discharging debtor and/or 11 U.S.C. § 522(c). The creditor held a judicial lien secured by certain real property.
Ruling: 
Court held that creditor could seek and acquire a lien on the exempted entireties property for any debt owed to creditor that arose on or after the filing date.
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In re Ginter

Movant debtor sought to avoid a nonpossessory, nonpurchase money security interest that the debtor had with the nonmovant creditor. The creditor argued that the debtor was precluded from avoiding the security interest because the debtor had previously stipulated to relief from the stay and was not estopped from avoiding the security interest at issue.
Ruling: 
Debtor was denied a motion to avoid a creditor's nonpossessory, nonpurchase money security interest since the debtor had stipulated that the creditor had a security interest and since the motion was barred by res judicata.
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Skiba v. Andrzejewski (In re Andrzejewski)

Respondent debtors had filed a voluntary petition for bankruptcy relief pursuant to chapter 7. Movant trustee objected to a claimed exemption by the debtors for amounts in an Individual Retirement Account ("IRA"), to the extent the claim exceeded the amount allowed under 11 U.S.C. § 522(d)(5), and the trustee objected to a claimed exemption for personal injury payments received.
Ruling: 
Debtors were allowed to exempt a personal injury award and a portion of their IRA account.
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In re Landahl

The debtor petitioned for bankruptcy relief under chapter 7, and claimed an exemption for his homestead under Florida law. The chapter 7 trustee objected to the exemption to the extent that it exceeded the $125,000 amount allowed by 11 U.S.C. § 522(p). The debtor filed a motion for summary judgment.
Ruling: 
Court ruled that the $125,000 cap on homestead exemptions applied to exemption claims under state law in "opt-out"states such as Florida.
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Saal v. Helping People Succeed Inc. (In re Saal)

Plaintiffs, debtors, filed a motion to avoid the fixing of a judicial lien of defendant creditor pursuant to 11 U.S.C. § 522(f)(1)(A). The creditor had a judicial lien on the debtors'interest in real property. The judgment lien secured an indebtedness presently past due and owing to the creditor in the approximate amount of $9,036.00 plus accrued interest. The debtors claimed a homestead exemption in the amount of $45,000.
Ruling: 
A debtor can avoid an entire lien that only, in part, impairs an exemption in accordance with the formula set forth in Code section 522(f)(2).
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In re Tai T. Vuong

Debtor filed a voluntary petition for relief under chapter 7. Creditor, the holder of a third deed of trust on some of debtor's real estate, filed an objection to the debtor's claim of exemptions.
Ruling: 
Creditor's objection to the debtor's claim of exemptions under state law was overruled since the creditor showed no grounds for not allowing the exemptions.
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