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§ 522(f)

Myers, In re

Ruling
Motion to avoid judicial lien was partially successful based on the determined value of thesubject property. (Bankr. D.S.C.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 11, 2021 , LexisNexis #1021-054

Minkina, In re

Ruling
Chapter 13 debtor was entitled to avoidance of a judicial lien against her residence in itsentirety because the lien impaired the homestead exemption to which she was entitled. (Bankr.D. Mass.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-035

Rivera, In re--Albarran v. Rivera

Ruling
Bankruptcy court did not err in holding that debtor was entitled to a homestead exemptiondespite failure of all titleholders to execute homestead deed. (B.A.P. 1st Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-035

Sutter, In re

Ruling
Debtor could avoid partial lien on second property by using available exemptions to producean artificial impairment. (Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion summary, case decided on February 25, 2021 , LexisNexis #0421-036

Sanchez, In re

Ruling
Judicial lien on debtor's house was avoided because pursuant to U.S.C. § 522(f), on thepetition date, the house was worth no more than the debtor's homestead exemption. (Bankr.D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 25, 2020 , LexisNexis #0121-030

Shaw, In re--Shaw v. Kirkwood

Ruling
Debtor's motion to avoid the lien granted as the creditor failed to prove any non-exemptproperty was transferred. (Bankr. D. Conn.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on November 12, 2020 , LexisNexis #1220-089

Tulloh, In re

Ruling
Debtors were not entitled to wholly avoid a judicial lien because after deducting the mortgagelien and debtors' exemption, an equity remained to which the judicial lien could attach. (Bankr.S.D. W. Va.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Extent of Impairment; Calculation.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 22, 2020 , LexisNexis #1120-055

Kramer, In re--Kramer v. Trak-1 Tech., Inc.

Ruling
Whether a constructive trust was equitable interest or security interest as judicial lien, theequitable ownership of the property was in genuine dispute as parties disputed validity,nature, and effect of Constructive Trust Order. (Bankr. N.D. Okla.)

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Consumer opinion summary, case decided on September 01, 2020 , LexisNexis #1020-058

Butler, In re

Ruling
Three judicial liens avoided as impairing debtors' homestead exemption. (Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on August 28, 2020 , LexisNexis #1020-006

Barksdale, In re

Ruling
Court denied motion to reopen case to avoid tax lien wherein reopening the case would befutile and § 522(f) did not permit the avoidance of statutory liens. (B.A.P. 6th Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 28, 2020 , LexisNexis #1020-005