- 11 U.S.C.
In re Lommatzsch
Jul
08
2008
Ruling
Unopposed motion to avoid liens allegedly impairing exemptions denied due to insufficient supporting information.
Procedural posture
A bankruptcy debtor moved to avoid judicial liens pursuant to 11 U.S.C.S. § 522(f)(1), alleging that the liens impaired the debtor's exemption in residential real estate. The lienholders did not object to the motion.
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Court
:
- 11 U.S.C.
In re Murdock
Jul
08
2008
Ruling
Unopposed motion to avoid liens impairing exemption denied where the exemption had not been claimed by debtor.
Procedural posture
A bankruptcy debtor moved pursuant to 11 U.S.C.S. § 522(f)(1) to avoid judicial liens, alleging that the liens impaired the debtor's exemption in real estate. The lienholders did not object to the motion.
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Court
:
- 11 U.S.C.
In re Sheckard
Feb
06
2008
Ruling
Case ordered reopened and lien discovered only upon title examination in connection with sale of property avoided.
Procedural posture
After bankruptcy debtors' case was closed, one debtor sold real property, was advised by a title agent of the existence of a default judgment lien against the property, and placed sale proceeds in the amount of the judgment in escrow. The debtors moved to reopen their case and for avoidance of the lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing their homestead exemption.
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Court
:
- 11 U.S.C.
In re Sexton
Jan
11
2008
Ruling
Motions to avoid liens as impairing exemptions denied absent information regarding amount of exemptions claimed.
Procedural posture
Movant debtors filed motions to avoid judicial liens held by a trust company, a finance company, and an LLC, pursuant to 11 U.S.C.S. § 522(f)(1).
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Court
:
- 11 U.S.C.
In re Cole
Nov
06
2007
Ruling
Security interests in computer and other personal property were nonpossessory, non-purchase money and avoidable.
Procedural posture
The debtor moved to avoid creditor's lien under 11 U.S.C. § 522(f)(1)(B).
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Court
:
- 11 U.S.C.
In re Davis
Sep
13
2007
Ruling
Debtors who did not own real property were not entitled to avoid liens that might attach to after-acquired property.
Procedural posture
The debtors filed for relief under chapter 7. The debtors listed in their statement 12 different civil actions in which debtors were named as defendants, some of which had resulted in the entry of judgments and garnishment orders. The debtors sought to avoid the liens pursuant to 11 U.S.C. § 522(f)(1)(a) and (b).
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Court
:
- 11 U.S.C.
In re Stewart
Sep
06
2007
Ruling
Utility building was not exempt as "household goods" even if used to store household goods.
Procedural posture
The debtor filed for relief under chapter 7. The creditor had a nonpossessory, non-purchase money security interest in various items of personal property of the debtor, including a utility building. The debtor filed an amended motion to avoid the creditor's security interest in the utility building, pursuant to 11 U.S.C. § 522(f)(1)(B).
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Court
:
- 11 U.S.C.
In re Huie
Aug
08
2007
Ruling
Debtors'homestead exemption did not extend to value of fraudulently obtained funds used to purchase residence.
Procedural posture
Creditors obtained a judgment which created a judicial lien against bankruptcy debtors'home, based on the debtors'use of funds fraudulently obtained from the creditors as partial payment for the home. The debtors moved to avoid the creditors'judicial lien, the creditors objected to the debtors'claimed exemption in the home as a homestead, and the creditors moved for relief from the stay or for adequate protection.
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Court
:
- 11 U.S.C.
In re Darden
May
14
2007
Ruling
Debtor allowed to reopen no-asset case to avoid lien impairing homestead exemption.
Procedural posture
Creditor, an assignee of a judgment lien, sought review of orders from the bankruptcy court, which permitted the debtor to reopen her no-asset chapter 7 case and avoid the judgment lien on her residence.
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Court
:
- 11 U.S.C.
Downey v. Georgia
Sep
27
2006
Ruling
Debtors could not exempt assets from properly filed state tax lien.
Procedural posture
The State of Georgia filed a proof of claim in debtors'chapter 13 case for income taxes and related interest and penalties for several tax years, asserting that its claim was secured to the extent of the value of debtors' property pursuant to 11 U.S.C. § 506(a). Debtors objected to allowance of any part of the claim as secured.
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Court
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