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Thomas Michael Gurney & Mary Teresa Gurney, Ch. 13, BK15-80480 (Nov. 9, 2015)

The debtors moved to avoid a judicial lien which impaired their homestead exemption. Under the ยง 522(f)(2) formula, only a portion of the judicial lien actually impaired the exemption and was subject to avoidance. Two other judicial liens on the property had already been avoided, so those liens were not part of the statutory calculation. The debtors were directed to file an amended post-confirmation plan to clarify how they would deal with the secured claim represented by the unavoided portion of the judicial lien.

Date: 
Monday, November 9, 2015
Judge: 
Judge Thomas L. Saladino