- 11 U.S.C.
In re Mazzuca
Feb
17
2015
Ruling
Debtors could not avoid judicial lien in property in which they were not entitled to an exemption.
Issue(s)
Were debtors entitled to avoid judicial lien on rental properties?
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Court
:
- 11 U.S.C.
In re Wright
Feb
13
2015
Ruling
Judicial lien was avoidable as impairing debtor's homestead exemption in two adjoining parcels.
Issue(s)
Was debtor bail bondsman entitled to claim a homestead exemption in two adjoining parcels used as both residence and for business, even though the residence on one property was uninhabitable?
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Court
:
- 11 U.S.C.
Bonidie v. PV & JC DeBlasio (In re Bonidie)
Nov
25
2014
Ruling
Judicial lien avoided to the extent impairing debtor's homestead exemption and creditor was not entitled to a surcharge against the exemption.
Issue(s)
Could judicial lien be avoided as impairing debtor's homestead exemption and was creditor entitled to a surcharge against the exemption due to debtor's alleged misstatement of value of the property?
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Court
:
- 11 U.S.C.
In re Freeman
Oct
27
2014
Ruling
Judicial lien could be avoided in property in which debtor was granted interest by parents.
Issue(s)
Whether the debtor has a valid homestead exemption in property to which the debtor acquired his interest via a quitclaim deed from his parents?
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Court
:
- 11 U.S.C.
In re Feathers
Sep
09
2014
Ruling
Creditor had right to object to debtor's belated exemption claim.
Issue(s)
Whether creditor's abstract of judgment impaired debtor's late-filed exemption under Bankruptcy Code § 522(f)?
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Court
:
- 11 U.S.C.
In re McCracken
Apr
08
2014
Ruling
Judgment of foreclosure was not an avoidable judicial lien.
Issue(s)
Did a judgment of foreclosure create a "judicial lien" that could be avoided as impairing debtor's homestead exemption?
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Court
:
- 11 U.S.C.
In re Nickeas
Aug
06
2013
Ruling
Debtor could not avoid lien on liquor license as "tool of the trade."
Issue(s)
[1]-Whether debtors could avoid a lien under 11 U.S.C.S. § 522(f)(1)(B)(ii) on a liquor license as a "tool of the trade."
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Court
:
- 11 U.S.C.
In re Anderson
Jul
26
2013
Ruling
Debtor could avoid lien recorded before debtor acquired property and which impaired homestead exemption.
Issue(s)
Whether chapter 7 debtors were allowed under 11 U.S.C.S. § 522(f)(1)(A) to avoid the in rem portion of a judicial lien a bank held on real property they purchased after the bank recorded its judgment, in which they claimed a homestead exemption.
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Court
:
- 11 U.S.C.
Orange Countys Credit Union v. Garcia (In re Garcia)
Mar
05
2013
Ruling
Lien on Mercedes could be avoided if the vehicle was shown to be a tool of debtor's trade.
Procedural posture
Debtor filed for chapter 7 bankruptcy. She claimed that a car was exempt from her bankruptcy estate under Cal. Code Civ. Proc. § 703.140(b)(5) (2010). The debtor moved to avoid the lien on the car under 11 U.S.C.S. § 522(f)(1)(B). A bankruptcy court ruled that the debtor could not have used the statutes. The U.S. District Court for the Central District of California reversed and remanded the case. Lien-holder filed an appeal.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bertran
Dec
06
2012
Ruling
Debtor who lived in district could not avoid lien on ranch located in another state as impairing "homestead."
Procedural posture
A chapter 7 debtor filed a motion to avoid a judgment lien pursuant to 11 U.S.C.S. § 522(f)(1)(A), asserting that the lien encumbered a ranch in which she had a homestead under Mont. Code Ann. § 70-32-104. The judgment creditors opposed the motion on the basis that the debtor lived in Alaska during the relevant period of time and could not exempt the ranch under Montana law.
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Court
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