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Andrew C. Sprague, Ch. 13, BK09-82123-TLS

Because the separated debtor still owned the house in joint tenancy, he could claim a homestead exemption. The amount of equity was less than the value of the exemption, so there was nothing for the creditor's lien to attach to and it should be avoided.

Date: 
Tuesday, May 18, 2010
Judge: 
Judge Thomas L. Saladino