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In re Stampley

In re Stampley

Ruling
Lien claim based on judgment of dissolution allowed over debtor's objection.
Procedural posture

In tandem with a motion to confirm a chapter 13 plan, debtor objected to his ex-wife's Proof of Claim (POC) and sought orders voiding the related judicial lien per 11 U.S.C.S. § 522(f)(1) on the basis that it impaired the homestead exemption claimed per Mont. Code Ann. § 70-32-201. The ex-wife objected to confirmation on claims that payment of her claim was required by 11 U.S.C.S. § 1322(a)(2), 11 U.S.C.S. § 507(a)(1) or 11 U.S.C.S. § 1325(a)(5).

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Consumer opinion summary, case decided on November 13, 2012 , LexisNexis #1212-029