In re Ferrante
Sep
10
2009
Ruling
Lien impairing debtor's homestead exemption would be avoided upon debtor's completion of plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and moved for an order under 11 U.S.C.S. § 522(f), avoiding a prepetition judgment lien which two creditors had placed on his house. The creditors opposed the debtor's motion, claiming, inter alia, that the debtor's motion to avoid the lien had to be denied because the debtor had not fulfilled all obligations he had under his chapter 13 bankruptcy plan.
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Court
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