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Brown v. Bradley Law Firm, PC (In re Brown) (Case No. 09-61325-LYN; A.P. No. 09-06051) 10/02/09

Debtor sought to avoid the judgement lien of Bradley Law Firm, P.C under 11 U.S.C. § 506, but the facts pleaded formed the basis for a cause of action under 11 U.S.C. § 522(f)(1)(A). Debtor owned property to which a consensual lien was attached and to which Bradley Law Firm sought to attach a judgment lien. The liens together exceed the value of the property. The judgment lien impaired the exemption and was voided to the extent of its impairment. The non-impairing amount of the lien was allowed as a secured claim. The impairing amount of the lien was allowed as an unsecured claim. The lien was to be void for all other purposes when and if the Debtor completed her performance as required by the confirmed chapter 13 plan.

Date: 
Friday, October 2, 2009
Category: 
Lien Avoidance
Chapter: 
13