- 11 U.S.C.
In re Mulholland
Feb
23
2012
Ruling
Denial of discharge did not prevent debtors from avoiding lien.
Procedural posture
The chapter 7 debtors filed a motion to avoid a judicial lien on real estate pursuant to 11 U.S.C.S. § 522(f) on the grounds that it impaired their homestead exemption. The creditors objected, asserting that because they had filed a complaint objecting to the debtors' discharge, the motion should be denied or held in abeyance pending resolution of the bankruptcy proceeding.
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Court
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