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In re Wharton (Case No. 09-61741-LYN) 10/02/09

Debtors sought to avoid the lien of Beneficial Discount Company of Virginia under 11 U.S.C. § 522. The Court examined whether the lien impaired an exemption of property in Danville and Callands under 11 U.S.C. §552(f)(2)(A). The Court determined that the Danville properties were not exempt because joint debtors may not claim property exempt where the property is held as tenants by the entirety and the judgment is against both Debtors. The Court determined that the Callands property was not exempt because it was not claimed as exempt and there was more than sufficient equity in the property to satisfy the judgment.

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