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§ 522(f)(1)

In re Moreno

Sep
20
2006
Ruling
Lien on entireties property could be avoided as impairing claimed exemption.
Procedural posture

Chapter 7 debtor filed a motion to avoid a judicial lien on his residence pursuant to 11 U.S.C. § 522(f)(1)(A) and 735 Ill. Comp. Stat. 5/12-112.

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opinion summary, case decided on September 20, 2006 , LexisNexis #1206-016
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In re Garstecki

Aug
16
2006
Ruling
Debtor placed in nursing home after filing date could claim homestead exemption in former residence.
Procedural posture

Judgment creditor bank raised objections to the debtor's claim of homestead and vehicle exemptions under Kan. Stat. Ann. §§ 60-2301 and 60-2304(c), and debtor's related motion to avoid the creditor's lien under 11 U.S.C. § 522(f)(1)(A). A guardian and a conservator had been appointed for debtor, who had been moved for health reasons from his residence to a nursing home.

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opinion summary, case decided on August 16, 2006 , LexisNexis #0906-123
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Wansor v. First Place Bank (In re Wansor)

Jul
25
2006
Ruling
Court ordered judgments liens avoided since property was entireties property and liens impaired debtor's exemption.
Procedural posture

Movant debtor filed a motion, pursuant to 11 U.S.C. § 522(f)(1)(A), to avoid judgment liens filed by respondent bank against property held jointly with the debtor's wife as tenants by the entireties.

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opinion summary, case decided on July 25, 2006 , LexisNexis #0806-042
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In re Manson

Jun
28
2006
Ruling
Debtor's motion to avoid lien was denied since lien was satisfied prior to filing of motion to avoid lien.
Procedural posture

The debtor's home had been exempt under 11 U.S.C. § 522 utilizing District of Columbia exemptions. She obtained a discharge that applied to a creditor's claim, but not on any lien that the creditor might have had. She discovered that the creditor had a judicial lien on her property when she refinanced her home. She reopened her chapter 7 case and moved to avoid the judicial lien pursuant to 11 U.S.C. § 522(f)(1)(A).

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opinion summary, case decided on June 28, 2006 , LexisNexis #0806-087
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In re Bingham

Jun
22
2006
Ruling
Motion to avoid lien was denied since attorney's statutory charging lien related to prepetition divorce was perfected prefiling.
Procedural posture

The attorney who represented the debtor in a prepetition divorce action filed a motion to lift the automatic stay. The debtor moved to avoid the attorney's lien.

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opinion summary, case decided on June 22, 2006 , LexisNexis #0806-024
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In re Mundy

Jan
10
2006
Ruling
Debtor was granted a motion to avoid a lien on common household goods but not on other personal property.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant creditor, seeking to avoid a lien that the creditor had in certain personal property owned by the debtor, pursuant to 11 U.S.C. § 522(f)(1)(B). The court issued findings of fact and conclusions of law.

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opinion summary, case decided on January 10, 2006 , LexisNexis #0206-072
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In re Tolson

Dec
30
2005
Ruling
A judicial lien was avoided since the lien impaired the debtor's homestead exemption for entireties property co-owned by the debtor's spouse.
Procedural posture

Debtor moved to avoid the judicial lien of the creditor pursuant to 11 U.S.C. § 522(f), contending that entireties property was 100 percent exempt, and that the judicial lien impaired the entireties exemption and was thus avoidable.

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opinion summary, case decided on December 30, 2005 , LexisNexis #0206-109
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Stephens v. Park Villas Homeowners Assn (In re Stephens)

Aug
26
2005
Ruling
Debtors were allowed to avoid a judicial lien because it impaired an exemption to which the debtors would have been entitled in the absence of any liens.
Procedural posture

Debtors, a husband and wife, filed a motion to avoid a lien in a bankruptcy proceeding. Respondent homeowners association objected to the motion.

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opinion summary, case decided on August 26, 2005 , LexisNexis #0106-080
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