In deciding whether to grant motions to avoid liens against residential property, the court considered whether a debtor must file a homestead deed under applicable Virginia law to perfect a claim in exempt equity in the property in order to obtain the relief sought of avoidance of the judgment liens which have attached to that equity. Applying the then-recently decided Fourth Circuit Court of Appeals case of Botkin v. DuPont Community Credit Union, 650 F.3d 396 (4th Cir. 2011), the court concluded that no such homestead deed need be filed.
File:
Judge:
Date:
Monday, January 14, 2013
Category:
Chapter 13 Issues
Exemptions
Lien Avoidance
Chapter:
13
