The matter before the Court is the debtor's motion to avoid a judgment lien. The debtor scheduled her real property at a fair market value of $127,100. The real property secures a consensual lien in the amount of $62,156.07. The Debtor claimed an exemption of $1,370. There is a judgment lien in the amount of $15,388.80 that attached to the real property. Added together, the judgment lien, the consensual lien, and the exemption total $78,914.87 ( = $15,488.80 + $62,156.07 + $1,370). This amount is less than the scheduled value of the property, which is $127,100. Therefore, because the judgment lien does not impair the debtor’s exemption, the Court denied the debtor’s motion to avoid the lien.
File:
Judge:
Date:
Wednesday, April 16, 2008
Category:
Lien Avoidance
Chapter:
13