- 11 U.S.C.
In re Fix
Nov
30
2015
Ruling
Judicial liens could be avoided as impairing debtors' homestead exemption.
Issue(s)
Were debtors entitled to claim a homestead exemption and avoid judicial liens where debtor husband had moved out of state but debtor spouse continued to occupy the property?
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Court
:
- 11 U.S.C.
In re OSullivan
Jun
04
2015
Ruling
Judgment lien on residence owned by debtor and non-debtor spouse as tenants by the entireties avoided as impairing debtor's homestead exemption.
Issue(s)
Did judgment lien on property held by the entireties by debtor and non-debtor spouse be avoided as impairing debtor's homestead exemption?
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Court
:
- 11 U.S.C.
In re Weilert
Apr
16
2015
Ruling
Debtor's could not avoid judgment lien on primary residence for which title was held by a revocable trust at the time the lien was recorded.
Issue(s)
Whether debtors had a right under 11 U.S.C.S. § 522(f)(1)(A) to avoid a judgment lien on property that was their primary residence.
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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.
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 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.
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
:
- 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
: