- 11 U.S.C.
In re Deleplank
Oct
07
2014
Ruling
Debtor could avoid totally unsecured judgment lien on property that was debtor's domicile and residence.
Issue(s)
Could debtor claim state homestead exemption in property that had not been claimed as a homestead for real estate tax purposes?
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Court
:
- 11 U.S.C.
In re Ortiz
Jul
14
2014
Ruling
Debtor spouses could not "stack" each others liens in calculating impairment of their respective homestead exemptions in entireties property.
Issue(s)
Could debtors avoid two liens, one secured by the one debtor's interest in their entireties property and the other secured by the second debtor's interest in the property, in their entirety by "stacking" the liens?
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Court
:
- 11 U.S.C.
In re Giannasca
Jan
22
2014
Ruling
Debtor required to proceed by adversary proceeding rather than through motion when seeking to determine validity of liens and obtain declaratory relief.
Issue(s)
May debtor seek a determination that creditors' claims are wholly unsecured and an order "stripping off those liens via a motion rather than an adversary proceeding?
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Court
:
- 11 U.S.C.
Schoaf v. First Natl Bank (In re Schoaf)
Jan
21
2014
Ruling
Liens on debtor's residence and commercial property owned with spouse by entireties impaired debtor's exemptions and were avoidable.
Issue(s)
Should liens on debtor's residence and commercial properties be avoided as impairing debtor's exemptions.
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Court
:
- 11 U.S.C.
In re Bono
Mar
19
2013
Ruling
Bank's judicial lien could be avoided only to the extent exceeding value of property less allowable homestead exemption.
Procedural posture
Debtor sought to have creditor bank's claim denied in its entirety based upon a perceived misapplication of her homestead exemption and her position that, pursuant to 11 U.S.C.S. § 522(f), the bank's judicial lien impaired her homestead exemption.
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Court
:
- 11 U.S.C.
In re Dougan
Jan
08
2013
Ruling
Lien avoided on reconsideration as debtor was entitled to homestead exemption in coop.
Procedural posture
The matter before the court was debtors' Motion to Reconsider Order Denying Motion to Avoid Judicial Lien Execution. On reconsideration, debtors challenged the court's prior ruling that they did not qualify as "owners" under the Massachusetts Homestead Statute because title to their home was held by a residential cooperative housing corporation while they held only a ninety-nine year lease.
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Court
:
- 11 U.S.C.
In re Mulholland
Feb
23
2012
Ruling
Denial of discharge did not prevent debtors from avoiding lien.
Procedural posture
The chapter 7 debtors filed a motion to avoid a judicial lien on real estate pursuant to 11 U.S.C.S. § 522(f) on the grounds that it impaired their homestead exemption. The creditors objected, asserting that because they had filed a complaint objecting to the debtors' discharge, the motion should be denied or held in abeyance pending resolution of the bankruptcy proceeding.
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Court
:
- 11 U.S.C.
In re Morrow
Feb
12
2009
Ruling
Creditor's liens avoided to extent impairing debtor's claimed exemptions.
Procedural posture
Before the court was debtor's motion to avoid the judgment lien of a creditor under 11 U.S.C.S. § 522(f), to determine the value of the four subject properties.
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Court
:
- 11 U.S.C.
In re Zapata
Jun
26
2008
Ruling
Lien avoided to the extent it impaired debtor's homestead exemption but not avoided as to interest of nondebtor spouse.
Procedural posture
A debtor filed a motion to avoid a creditor's judgment lien. The debtor filed his chapter 13 petition after judgment was entered in favor of the creditor and did not address the judgment lien in the Chapter 13 Plan.
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Court
:
- 11 U.S.C.
In re May
Apr
03
2006
Ruling
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
Procedural posture
Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.
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Court
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