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§ 522(f)(1)(B)

In re Nickeas

Aug
06
2013
Ruling
Debtor could not avoid lien on liquor license as "tool of the trade."
Issue(s)
[1]-Whether debtors could avoid a lien under 11 U.S.C.S. § 522(f)(1)(B)(ii) on a liquor license as a "tool of the trade."

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Consumer opinion summary, case decided on August 06, 2013 , LexisNexis #0813-118
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Orange Countys Credit Union v. Garcia (In re Garcia)

Mar
05
2013
Ruling
Lien on Mercedes could be avoided if the vehicle was shown to be a tool of debtor's trade.
Procedural posture

Debtor filed for chapter 7 bankruptcy. She claimed that a car was exempt from her bankruptcy estate under Cal. Code Civ. Proc. § 703.140(b)(5) (2010). The debtor moved to avoid the lien on the car under 11 U.S.C.S. § 522(f)(1)(B). A bankruptcy court ruled that the debtor could not have used the statutes. The U.S. District Court for the Central District of California reversed and remanded the case. Lien-holder filed an appeal.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 05, 2013 , LexisNexis #0313-115
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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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Consumer opinion summary, case decided on May 05, 2011 , LexisNexis #0611-012
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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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Consumer opinion summary, case decided on December 14, 2009 , LexisNexis #0110-082
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Cleaver v. Warford (In re Cleaver)

Jun
11
2009
Ruling
Bankruptcy court should have allowed debtors opportunity to prove that truck was a tool of the trade in which an exemption was impaired by creditor's lien.
Procedural posture

Debtors sought review of a decision of the bankruptcy court for the Southern District of Iowa, which denied the debtors' motion for reconsideration of an earlier order denying their motion to avoid a nonpossessory, non-purchase money security interest in a semi-tractor truck.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 11, 2009 , LexisNexis #0709-081
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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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Consumer opinion summary, case decided on November 06, 2007 , LexisNexis #1207-045
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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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opinion summary, case decided on September 06, 2007 , LexisNexis #1007-005
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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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