In re Lafferty
Apr
03
2012
Ruling
Debtors who were not entitled to a homestead exemption due to unclean hands could not avoid judicial lien.
Procedural posture
The debtors filed motions to avoid a judicial lien under 11 U.S.C.S. § 522(f). A chapter 7 trustee filed objections to the debtors' claims of homestead exemption under S.C. Code Ann. § 15-41-30(A)(1). The trustee and a creditor filed objections to the debtors' motions. The creditor joined in the trustee's objections. The debtors were formerly married, and the exemption at issue was in jointly owned property. Thus, the matters were tried together.
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Court
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