In re Nestor
Nov
08
2007
Ruling
Judgment lien avoided as imposed while debtor still had an interest in real property that was later sold at foreclosure sale.
Procedural posture
A debtor converted his former chapter 13 proceeding to a chapter 7 proceeding. The debtor sought to avoid a judicial lien, pursuant to 11 U.S.C. § 522(f), that was entered pursuant to a state court judgment entered against the debtor for civil penalties incurred for alleged violations of the West Virginia Consumer Credit and Protection Act.
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Court
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