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In re Jefferson (Case No. 13-62618) 04/04/2014

The matter before the Court is a motion to avoid a judicial lien on jointly owned property.  The Court noted that there is a split in authority on the issue of the application of 11 U.S.C. § 522(f) to jointly owned property.  The Court outlined the two approaches taken in Zeigler Eng'g Sales v. Cozad (In re Cozad), 208 B.R. 495 (B.A.P. 10th Cir. Utah 1997), and In re Staples, 2000 Bankr. LEXIS 2204 (Bankr. M.D.N.C. June 7, 2000).  The Court followed the approach outlined in Staples and allocated the lines on the property proportionate to the fractional interests prior to determining whether to avoid the lien.  Accordingly, the Court partially avoided the judicial lien on the Debtor's property.

Date: 
Friday, April 4, 2014
Category: 
Avoidance
Lien Avoidance
Chapter: 
7