Tapia, In re
Feb
11
2019
Ruling
Judgment lien was subject to avoidance as state law did not protect the homestead from a lienencumbering the homestead. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
O'Sullivan, In re--CRP Holdings A-1, LLC v. O'Sullivan
Feb
01
2019
Ruling
Court properly granted debtor's motion to avoid lien where creditor's recording of foreignjudgment created a cloud on title under Missouri law that constituted a charge against orinterest in the property. (8th Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Masser, In re
Nov
20
2018
Ruling
Debtor was entitled to avoid creditor's judicial lien where the sum of all the liens upon hisresidence and the bankruptcy exemption exceeded the value of his residence. (Bankr. N.D. W.Va.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.
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Court
:
Judge or Jurisdiction information not available
Boddy, In re
Nov
02
2018
Ruling
Personal representative's motions to avoid two judicial liens on the debtor's homestead wasdenied where there was no basis from substituting the personal representative as a partyagainst the lienholders. (Bankr. D. Colo.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Todd, In re
Oct
01
2018
Ruling
Debtors' motion to strip off unsecured mortgage was denied as it was a nonjudicialconsensual lien and could not be avoided. (Bankr. S.D. Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.
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Court
:
- 11 U.S.C.
Taylor, In re--William F. Sandoval Irrevocable Trust v. Taylor
Aug
14
2018
Ruling
Court concluded that impairment calculation must use the value of other liens on the home corresponding to the debtor's percentage of ownership, rather than the full amount of the liens. (10th Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Extent of Impairment; Calculation.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Immel, In re
Aug
02
2018
Ruling
Objection to the lien-avoidance provision of the plan sustained where Wisconsin law prohibited avoidance of a consensual lien on property. (Bankr. E.D. Wis.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; State Law.
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Court
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Ogalin, In re--Ogalin v. The Cadle Co.
Aug
02
2018
Ruling
Plaintiff was entitled to avoid the fixing of the judicial liens on her interest in the property because the judicial liens impaired the plaintiff's homestead exemption. (Bankr. D. Conn.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
David, In re--Doss v. Norhardt Crossing Condo. Ass'n
Jun
28
2018
Ruling
Statutory lien was unavoidable as creditor's actions in enforcing its statutory lien andobtaining a foreclosure judgment did not alter the nature of its statutory lien and render it ajudicial lien. (Bankr. E.D. Wis.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.
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Court
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- 11 U.S.C.
David, In re--Doss v. Norhardt Crossing Condo. Ass'n
Jun
28
2018
Ruling
Statutory lien was unavoidable as creditor's actions in enforcing its statutory lien andobtaining a foreclosure judgment did not alter the nature of its statutory lien and render it ajudicial lien. (Bankr. E.D. Wis.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.
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Court
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