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In re McKinley

In re McKinley

Ruling
Lien of debtor's former spouse could be stripped where there was no equity in the subject property.
Procedural posture

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to avoid a lien asserted on property by the debtor's former wife. Further the debtors objected to a claim asserted by the former wife in the proceedings.

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Consumer opinion summary, case decided on June 10, 2009 , LexisNexis #0709-087