- 11 U.S.C.
In re Wallace
May
12
2011
Ruling
Debtors could not avoid liens as impairing homestead exemption they had not formally claimed.
Procedural posture
Pursuant to 11 U.S.C.S. § 552(f)(1), the debtors filed a motion to avoid judicial liens on mortgaged real property for which the debtors had no equity and had not formally claimed a homestead exemption on Schedule C. The trustee objected to the debtor's request.
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Court
:
- 11 U.S.C.
In re King
May
05
2011
Ruling
Debtor could not avoid lien on car used for commuting.
Procedural posture
The debtor sought to avoid a lien on her car under 11 U.S.C.S. § 522(f)(1)(B). The creditor objected.
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Court
:
- 11 U.S.C.
In re White
Apr
29
2011
Ruling
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
Procedural posture
Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
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Court
:
- 11 U.S.C.
In re Pedersen
Apr
11
2011
Ruling
Judicial lien avoided as impairing debtors' homestead exemption.
Procedural posture
Creditors who were holders of a judicial lien against the home of Chapter 11 debtors (husband and wife) filed an objection to the debtors' claim of a homestead exemption. The debtors resisted the objection and filed a motion to avoid the lien under 11 U.S.C.S. § 522(f)(1)(A).
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Court
:
- 11 U.S.C.
In re Sprague
May
18
2010
Ruling
Lien avoided as impairing homestead exemption but would not be released until completion of plan payments.
Procedural posture
A chapter 13 debtor filed a motion to avoid a lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the exemption to which he was entitled. The lienholder opposed the motion, arguing that if the lien was avoided at all, it should be avoided only as to the debtor's interest in the property, not his wife's interest.
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Court
:
- 11 U.S.C.
In re McHenry
Apr
19
2010
Ruling
Prejudgment attachment created by stipulation was a judgment lien that could be avoided as impairing debtor's homestead exemption.
Procedural posture
A chapter 7 debtor sought to avoid a creditor's lien on her real property pursuant to 11 U.S.C.S. § 522(f)(1) on the grounds that it was a judicial lien that impaired her homestead exemption. The creditor objected on the basis that its lien was consensual and could not be avoided.
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Court
:
- 11 U.S.C.
In re Parton
Dec
22
2009
Ruling
Debtor's motion to avoid judicial liens in residence held by the entireties denied due to insufficiency of motion and numerous legal issues.
Procedural posture
Debtor filed a Motion to Avoid Judicial Liens on Residential Real Estate, which was amended, and by this Motion sought to avoid, pursuant to 11 U.S.C.S. § 522(f)(1)(A), judicial liens in a residence allegedly asserted by lienholders.
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Court
:
- 11 U.S.C.
In re Skillen
Dec
14
2009
Ruling
Chapter 7 debtors could not avoid lien on farming equipment.
Procedural posture
This matter came before the court on debtors' Motion to Avoid Lien pursuant to 11 U.S.C.S. § 522(f)(1)(B). The United States, for the Farm Service Agency, objected.
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Court
:
- 11 U.S.C.
In re Horne
Dec
02
2009
Ruling
Mechanic's lien perfected and enforced by judicial process was not transformed into an avoidable judicial lien.
Procedural posture
A judgment was entered in state court against a bankruptcy debtor which enforced a creditor's mechanic's lien against the debtor's property. After the debtor's case was closed and the debtor's property was sold at a foreclosure sale, the debtor moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the debtor's exemption in the property.
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Court
:
- 11 U.S.C.
In re Tescione
Nov
16
2009
Ruling
Debtor could not avoid judicial lien as impairing exemption while title to the property was held by fraudulent transferee.
Procedural posture
A creditor obtained a judgment against a bankruptcy debtor after the debtor fraudulently transferred real property, as determined by a state court, and the debtor claimed an exemption in the property which was subsequently reconveyed to the debtor. The debtor moved to avoid the creditor's judicial lien as impairing the exemption under 11 U.S.C.S. § 522(f)(1).
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Court
: