- 11 U.S.C.
In re McHenry
Apr
19
2010
Ruling
Prejudgment attachment created by stipulation was a judgment lien that could be avoided as impairing debtor's homestead exemption.
Procedural posture
A chapter 7 debtor sought to avoid a creditor's lien on her real property pursuant to 11 U.S.C.S. § 522(f)(1) on the grounds that it was a judicial lien that impaired her homestead exemption. The creditor objected on the basis that its lien was consensual and could not be avoided.
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Court
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