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§ 522(f)(1)(A)

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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