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In re Cassi C. Wigington, Ch. 7, BK21-80405-BSK (Mar. 1, 2022)

The debtor moved to avoid a judgment lien on her home because it impaired her homestead exemption. The creditor agreed the lien was partially avoidable; the only dispute concerned the home’s value and therefore to what extent the homestead exemption was impaired.

The court heard testimony from each party’s appraisers and found the creditor’s valuation to be supported by the evidence. The court then did the math (amount of judicial lien plus amount of all other liens on the property plus amount of the homestead exemption less the value of the debtor’s interest in the property absent any liens equals the extent of impairment), and avoided some $59,000 of the creditor’s lien.

Tuesday, March 1, 2022
Judge Brian S. Kruse