Judge Spraker

In re Bertran

A chapter 7 debtor filed a motion to avoid a judgment lien pursuant to 11 U.S.C.S. § 522(f)(1)(A), asserting that the lien encumbered a ranch in which she had a homestead under Mont. Code Ann. § 70-32-104. The judgment creditors opposed the motion on the basis that the debtor lived in Alaska during the relevant period of time and could not exempt the ranch under Montana law.
Ruling: 
Debtor who lived in district could not avoid lien on ranch located in another state as impairing "homestead."
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Consumer case opionion summary, case decided on December 06,2012, LexisNexis #0113-047

In re Hamilton

Debtor filed a petition under chapter 13, and a bank that held a secured claim on the debtor's residence filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay. The debtor opposed the bank's motion, and the court held a hearing on the motion and the debtor's objections.
Ruling: 
Relief from stay denied subject to debtor making payments and supplying tax returns.
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Consumer case opionion summary, case decided on October 30,2012, LexisNexis #1112-081

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