Thigpen v. Cadle Co. (In re Thigpen)
Jun
07
2007
Ruling
Debtors could avoid judicial lien impairing exemption claimed only after case was reopened.
Procedural posture
After debtors reopened their chapter 7 to assert a claim to exemptions relative to real estate that had been scheduled in the original proceeding and thereafter moved to avoid a judicial lien asserted by a judgment creditor, the creditor filed an objection to the exemption claim. At issue was whether debtors were properly permitted to avoid the lien pursuant to 11 U.S.C. § 522(f).
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Court
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In re McCain
Jun
01
2007
Ruling
Possibility that statutory lien impairing exemption might require court enforcement did transform it into an avoidable judicial lien.
Procedural posture
Debtors filed a motion in accordance with Bankr. D. Mont. R. 4003-4 to avoid liens held by a bank and an individual pursuant to 11 U.S.C. § 522(f).
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Court
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- 11 U.S.C.
In re Darden
May
14
2007
Ruling
Debtor allowed to reopen no-asset case to avoid lien impairing homestead exemption.
Procedural posture
Creditor, an assignee of a judgment lien, sought review of orders from the bankruptcy court, which permitted the debtor to reopen her no-asset chapter 7 case and avoid the judgment lien on her residence.
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Court
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Jaecksch v. GMAC (In re Jaecksch)
Apr
04
2007
Ruling
Creditor who failed to file amended claim after denial of secured status ordered to return payment from chapter 13 trustee.
Procedural posture
Plaintiff debtors filed an adversary proceeding seeking reconsideration of the allowance of defendant creditor's claim and seeking to recover funds paid the creditor by the chapter 13 trustee. The debtors sought the return of the funds the creditor had received in excess of the amount it would have received as an unsecured creditor. The parties filed cross-motions for summary judgment.
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Court
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Aguirre v. Fullerton Lumber Co. (In re Aguirre)
Feb
21
2007
Ruling
Debtor could not avoid post-petition, pre-conversion mechanics' lien against exempt homestead.
Procedural posture
Plaintiffs, debtors, filed a complaint against defendant creditor seeking a determination that the creditor's mechanics' lien was avoidable. The creditor moved for summary judgment.
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Court
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Pasquina v. Cunningham (In re Cunningham)
Nov
28
2006
Ruling
Voluntary sale of exempt homestead did not remove proceeds from protection of original exemption.
Procedural posture
Appellant individual was owed a prepetition non-dischargeable debt by appellee debtor and sought to satisfy it against the proceeds from the sale of the debtor's home. The Bankruptcy Court confirmed that proceeds from the sale of debtor's home were exempt from the individual's prepetition debt. The individual appealed.
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Court
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In re Lyons
Nov
22
2006
Ruling
Judicial lien fully impairing debtor's state exemption in homestead equity could be avoided.
Procedural posture
A chapter 7 debtor filed a motion seeking to avoid a creditor's judicial lien on his personal residence pursuant to 11 U.S.C. § 522(f). The creditor opposed the motion.
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Court
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In re Bromstead
Nov
17
2006
Ruling
Pre-acquisition judgement lien was not avoidable as impairing exemption so that prior avoidance ruling was reversed on reconsideration.
Procedural posture
Bankruptcy debtors filed a petition for relief under chapter 13 of the Bankruptcy Code. They claimed a homestead exemption with respect to their residence and were granted relief under 11 U.S.C. § 522(f) to avoid the liens of three outstanding judgments. Movant judgment creditor sought reconsideration of the order which avoided the lien of her judgment as against the homestead of the debtors.
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Court
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In re Uhrich
Nov
14
2006
Ruling
Judgment liens avoided as impairing homestead exemption of single debtor living jointly with co-debtor.
Procedural posture
Debtors one and two were single individuals who jointly own a residence. They both resided there with two minor children. Each filed a separate chapter 7 bankruptcy case, and each claimed a homestead exemption. No objections were filed. Discharges were entered. Debtors moved to reopen their bankruptcy cases to set aside two judgment liens under 11 U.S.C. § 522(f)(1) because the liens impaired their homestead exemptions.
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Court
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In re Tinker
Nov
13
2006
Ruling
Secured creditors were not required to object to claimed homestead exemption until debtor challenged lien.
Procedural posture
Debtor moved to avoid the judicial liens of two creditors pursuant to 11 U.S.C. § 522(f) because the liens purportedly impaired his homestead exemption. The creditors challenged the validity of the debtor's claimed homestead exemption. Debtor argued that the creditors'failure to object to the claimed homestead exemption before the expiration of the 30 day deadline imposed by Fed. R. Bankr. P. 4003(b) precluded their challenge.
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Court
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