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In re Wells (Case No. 05-70933) 5/27/2005

Motion for relief denied for failure to file certification in compliance with Court's standard pre-hearing order.  Motion to avoid lien on vehicle denied for lack of legal foundation:  exemption under Va. Code section 34-26(8) not properly claimed as creditor had perfected security interest; exemption under Va. Code section 34-4 not properly claimed as homestead deed not timely filed; and insufficient proof offered to show that vehicle was necessary for debtor's occupation to support exemption under Va. Code section 34-26(7).

Date: 
Friday, May 27, 2005
Category: 
Exemptions
Homestead Deed
Lien Avoidance
Relief from Stay
Chapter: 
7