In re Lyall (Case No. 11-70535) 08/09/2012
The debtors attempted to avoid a creditor’s lien on the basis that it impaired an exemption which they did not claim at the time of filing their initial petition or at any time prior to the confirmation of their first amended plan. The creditor objected arguing that its treatment under the first confirmed plan was binding. The court concluded that the debtors had not been shown to have engaged in any nefarious conduct which would estop them from amending their Schedule C post-confirmation.