- 11 U.S.C.
In re Harris
Nov
26
2012
Ruling
Avoidance of judicial lien impairing debtor's homestead exemption properly conditioned on plan completion and discharge.
Procedural posture
After debtors moved to avoid a judicial lien arising by reason of a prepetition judgment against the wife in favor of a creditor, which motion to avoid was based on claims that the lien impaired a homestead exemption claimed under 11 U.S.C.S. § 522(b)(3) and 735 Ill. Comp. Stat. 5/12-901 (2010), the court took up the issue of whether such avoidance was effective immediately or was properly conditioned on completion of debtors' chapter 13 plan.
ABI Membership is required to access the full summary of In re Harris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: