§ 522(f)

In re Smith

Debtors, husband and wife, sought to avoid, pursuant to 11 U.S.C. § 522(f), the judicial lien of a creditor that had attached to debtors'real property. The judicial lien was subordinate to a consensual, non-avoidable first mortgage lien and was senior to a consensual, non-avoidable second mortgage lien. Debtors presented evidence that the value of the property was less than the combined amount of the two mortgage liens.
Ruling: 
Court deemed that if debtors amended their schedules to exempt a portion of the value of the real property to which creditor's judicial lien attached and if that exemption were allowed, debtors could avoid the lien entirely.
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In re Lawson

A bankruptcy debtor defaulted on an educational loan and the lending university obtained a state-court judgment against the debtor for the loan debt. The university recorded its judgment and the debtor moved to avoid the university's judgment lien pursuant to 11 U.S.C. § 522(f) on the ground that the lien impaired the debtor's homestead exemption.
Ruling: 
University's lien impaired debtor's homestead exemption and was thus avoidable.
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In re May

Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.
Ruling: 
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
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In re Kanakaris

A judgment creditor's liens against a bankruptcy debtor's property were not entirely avoidable, and the debtor argued that the creditor was not entitled to postpetition interest on those liens. The creditor sought an order authorizing the accrual of interest on the liens.
Ruling: 
Postpetition accrual of interest on creditor's liens was authorized since the debtor's homestead exemption was fully protected under section 522(f).
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In re Ginter

Movant debtor sought to avoid a nonpossessory, nonpurchase money security interest that the debtor had with the nonmovant creditor. The creditor argued that the debtor was precluded from avoiding the security interest because the debtor had previously stipulated to relief from the stay and was not estopped from avoiding the security interest at issue.
Ruling: 
Debtor was denied a motion to avoid a creditor's nonpossessory, nonpurchase money security interest since the debtor had stipulated that the creditor had a security interest and since the motion was barred by res judicata.
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Saal v. Helping People Succeed Inc. (In re Saal)

Plaintiffs, debtors, filed a motion to avoid the fixing of a judicial lien of defendant creditor pursuant to 11 U.S.C. § 522(f)(1)(A). The creditor had a judicial lien on the debtors'interest in real property. The judgment lien secured an indebtedness presently past due and owing to the creditor in the approximate amount of $9,036.00 plus accrued interest. The debtors claimed a homestead exemption in the amount of $45,000.
Ruling: 
A debtor can avoid an entire lien that only, in part, impairs an exemption in accordance with the formula set forth in Code section 522(f)(2).
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In re Trahan

Movants, debtors in a joint chapter 7 bankruptcy case, filed a motion pursuant to 11 U.S.C. § 522(f)(2) to avoid, as impairing their homestead exemptions, the judicial liens recorded against their residence by respondent lienholders.
Ruling: 
Court found that the Code's statutory formula for avoiding judicial liens that impaired a homestead exemption applied to lien priorities created by state law and ruled that all judicial liens on the debtors'residence were avoided in their entirety as imp
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In re Heerlein

Debtor moved to avoid judicial lien pursuant to 11 U.S.C. § 522(f) and for release of garnished wages.
Ruling: 
Debtor could not avoid a judicial lien since the debtor lost an interest in the garnished wages when the prepetition wage garnishment order was entered.
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In re Mundy

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.
Ruling: 
Debtor was granted a motion to avoid a lien on common household goods but not on other personal property.
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In re Tolson

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.
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.
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