- 11 U.S.C.
In re Anderson
Apr
02
2012
Ruling
Judicial lien could not be avoided for impairing homestead exemption that was invalid when declared.
Procedural posture
Chapter 11 debtor filed a motion to avoid the judicial liens of two creditors pursuant to the homestead exemption, under 11 U.S.C.S. § 522(f)(1)(A). One of the creditors filed an objection, on the grounds that debtor was not entitled to claim a homestead exemption because he had become a resident of California, and intended to sell the Montana real property, where he no longer resided.
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Court
:
- 11 U.S.C.
In re Van Schoiack
Jan
20
2012
Ruling
Judgment lien avoided only to extent impairing debtor's state homestead exemption.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and claimed a $100,000 homestead exemption under Idaho Code Ann. § 55-1003 in a home they owed. The debtors sought an order under 11 U.S.C.S. § 522(f)(1)(A) which allowed them to avoid a $200,000.00 judgment lien a creditor had placed on their home. Neither the creditor nor any other party filed a response to the debtors' motion.
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Court
:
- 11 U.S.C.
In re Moore
Dec
29
2011
Ruling
Debtor could avoid judicial lien on funds frozen in account in favor of creditor.
Procedural posture
Chapter 13 debtors filed a motion to avoid a judicial lien against funds frozen in an account in favor of a creditor under 11 U.S.C.S. § 522(f)(1)(A). The creditor asserted that its interest did not constitute a judicial lien and therefore could not be avoided.
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Court
:
- 11 U.S.C.
In re Hunnicutt
Aug
23
2011
Ruling
Judicial lien was avoidable notwithstanding dischargeability of underlying debt.
Procedural posture
A Chapter 7 debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f)(1)(a).
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Court
:
- 11 U.S.C.
In re White
Apr
29
2011
Ruling
Lien which affixed to entireties property before divorce and conversion to tenancy-in-common could not be avoided.
Procedural posture
Debtors filed separate chapter 7 bankruptcy cases. In each case, the creditor filed its Objection to Debtor's Claimed Exemption/Motion for Relief from Stay (individually, "Objection" and "Motion for Relief"). Thereafter, each debtor filed a Motion to Avoid Lien with respect to the judgment lien asserted by the creditor. The creditor filed a Motion for Summary Judgment and debtors filed a Counter Motion for Summary Judgment.
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Court
:
- 11 U.S.C.
In re Pedersen
Apr
11
2011
Ruling
Judicial lien avoided as impairing debtors' homestead exemption.
Procedural posture
Creditors who were holders of a judicial lien against the home of Chapter 11 debtors (husband and wife) filed an objection to the debtors' claim of a homestead exemption. The debtors resisted the objection and filed a motion to avoid the lien under 11 U.S.C.S. § 522(f)(1)(A).
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Court
:
- 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
:
- 11 U.S.C.
In re Parton
Dec
22
2009
Ruling
Debtor's motion to avoid judicial liens in residence held by the entireties denied due to insufficiency of motion and numerous legal issues.
Procedural posture
Debtor filed a Motion to Avoid Judicial Liens on Residential Real Estate, which was amended, and by this Motion sought to avoid, pursuant to 11 U.S.C.S. § 522(f)(1)(A), judicial liens in a residence allegedly asserted by lienholders.
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Court
:
- 11 U.S.C.
In re Horne
Dec
02
2009
Ruling
Mechanic's lien perfected and enforced by judicial process was not transformed into an avoidable judicial lien.
Procedural posture
A judgment was entered in state court against a bankruptcy debtor which enforced a creditor's mechanic's lien against the debtor's property. After the debtor's case was closed and the debtor's property was sold at a foreclosure sale, the debtor moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the debtor's exemption in the property.
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Court
:
- 11 U.S.C.
Kedzuf v. Turetsky (In re Turetsky)
Apr
02
2009
Ruling
Prepetition notation on check was basis for equitable mortgage which could not be avoided by trustee.
Procedural posture
Creditor, a purported mortgagee, asserted a right to an equitable mortgage on the one-half share interest of debtor, an individual, which claim was opposed by debtor and the chapter 7 trustee. Creditor also asked for rulings that the mortgage could not be avoided by debtor under 11 U.S.C.S. § 522(f)(1)(A) or avoided by the trustee by an exercise of the trustee's powers in 11 U.S.C.S. § 544 or 11 U.S.C.S. § 547.
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Court
: