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In re Harris

In re Harris

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.

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Consumer opinion summary, case decided on November 26, 2012 , LexisNexis #1212-080