- 11 U.S.C.
In re Krantz
Nov
28
2012
Ruling
Debtors had standing to seek avoidance of lien on home sold after petition date.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and sought a ruling that they were entitled under 11 U.S.C.S. § 522(f)(1) to avoid a judicial lien a creditor placed on a home they owned because the lien impaired their homestead exemption. The court held a hearing on the motion and the creditor's objection.
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Court
:
- 11 U.S.C.
In re Harris
Nov
26
2012
Ruling
Avoidance of judicial lien impairing debtor's homestead exemption properly conditioned on plan completion and discharge.
Procedural posture
After debtors moved to avoid a judicial lien arising by reason of a prepetition judgment against the wife in favor of a creditor, which motion to avoid was based on claims that the lien impaired a homestead exemption claimed under 11 U.S.C.S. § 522(b)(3) and 735 Ill. Comp. Stat. 5/12-901 (2010), the court took up the issue of whether such avoidance was effective immediately or was properly conditioned on completion of debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Lavine
Sep
18
2012
Ruling
Exemption in property held in survivorship with non-debtor spouse calculated based on debtor's 50 percent interest and 50 percent of mortgage debt.
Procedural posture
A chapter 7 debtor filed an amended motion to avoid the judgment lien of a bank pursuant to 11 U.S.C.S. § 522(f)(1)(A) to the extent that the lien impaired his exemptions on his homestead, which he claimed pursuant to Ohio Rev. Code Ann. § 2329.66(A)(1) and (A)(18).
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Court
:
- 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
:
- 11 U.S.C.
In re Anderson
Apr
02
2012
Ruling
Judicial lien could not be avoided for impairing homestead exemption that was invalid when declared.
Procedural posture
Chapter 11 debtor filed a motion to avoid the judicial liens of two creditors pursuant to the homestead exemption, under 11 U.S.C.S. § 522(f)(1)(A). One of the creditors filed an objection, on the grounds that debtor was not entitled to claim a homestead exemption because he had become a resident of California, and intended to sell the Montana real property, where he no longer resided.
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Court
:
- 11 U.S.C.
In re Loucks
Jan
27
2012
Ruling
Lien avoided to the extent impairing state homestead exemption.
Procedural posture
A chapter 7 debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f)(1).
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Court
:
- 11 U.S.C.
In re Van Schoiack
Jan
20
2012
Ruling
Judgment lien avoided only to extent impairing debtor's state homestead exemption.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and claimed a $100,000 homestead exemption under Idaho Code Ann. § 55-1003 in a home they owed. The debtors sought an order under 11 U.S.C.S. § 522(f)(1)(A) which allowed them to avoid a $200,000.00 judgment lien a creditor had placed on their home. Neither the creditor nor any other party filed a response to the debtors' motion.
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Court
:
- 11 U.S.C.
In re Moore
Dec
29
2011
Ruling
Debtor could avoid judicial lien on funds frozen in account in favor of creditor.
Procedural posture
Chapter 13 debtors filed a motion to avoid a judicial lien against funds frozen in an account in favor of a creditor under 11 U.S.C.S. § 522(f)(1)(A). The creditor asserted that its interest did not constitute a judicial lien and therefore could not be avoided.
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Court
:
- 11 U.S.C.
In re Hettinger
Dec
09
2011
Ruling
Judicial lien avoided only to extent impairing exemption.
Procedural posture
A chapter 7 debtor filed a motion to avoid a judgment lien held by a creditor on real property pursuant to 11 U.S.C.S. § 522(f)(1) on the basis that the judicial lien impaired the debtor's homestead exemption. At issue was the value of the property.
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Court
:
- 11 U.S.C.
In re Hunnicutt
Aug
23
2011
Ruling
Judicial lien was avoidable notwithstanding dischargeability of underlying debt.
Procedural posture
A Chapter 7 debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f)(1)(a).
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Court
: