- 11 U.S.C.
In re Sprague
May
18
2010
Ruling
Lien avoided as impairing homestead exemption but would not be released until completion of plan payments.
Procedural posture
A chapter 13 debtor filed a motion to avoid a lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the exemption to which he was entitled. The lienholder opposed the motion, arguing that if the lien was avoided at all, it should be avoided only as to the debtor's interest in the property, not his wife's interest.
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Court
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