Skip to main content

In re Bertran

In re Bertran

Ruling
Debtor who lived in district could not avoid lien on ranch located in another state as impairing "homestead."
Procedural posture

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.

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

Consumer opinion summary, case decided on December 06, 2012 , LexisNexis #0113-047