§ 522(f)

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.
ABI Membership is required to access the full summary of In re Heerlein. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Mundy. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Tolson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re White

Debtor moved to avoid liens pursuant to 11 U.S.C. § 523. The issue before the court was one of statutory construction of 11 U.S.C. § 522(f)(2)(A). More specifically, the question was whether the language "the debtor's interest in the property" required that computations with respect to jointly owned property be based upon only the debtor's share rather than the value of the entire property.
Ruling: 
Two judicial liens were avoided since the court calculated the debtor's interest in joint property as the debtor's partial interest rather than as the value of the entire property and since the amount of the impairment of the debtor's exemption exceeded t
ABI Membership is required to access the full summary of In re White. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Trobaugh

Debtors filed a voluntary petition for relief under chapter 13 of the Code. Debtors later moved to avoid creditor's lien on a mobile home pursuant to 11 U.S.C. § 522(f).
Ruling: 
Debtors were denied motion to avoid a creditor's lien on their mobile home since the lien was consensual.
ABI Membership is required to access the full summary of In re Trobaugh. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Stephens v. Park Villas Homeowners Assn (In re Stephens)

Debtors, a husband and wife, filed a motion to avoid a lien in a bankruptcy proceeding. Respondent homeowners association objected to the motion.
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.
ABI Membership is required to access the full summary of Stephens v. Park Villas Homeowners Assn (In re Stephens). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 522(f)