Brian Daniel Marron, Ch. 13, BK23-80554-BSK (Feb. 8, 2024)
The bankruptcy court granted the debtor’s motion to avoid a lien that impaired his homestead exemption under § 522 “[b]ecause the debtor is allowed to claim a homestead in his one-half interest in property, and because there is no evidence or presumption his non-filing spouse consented to a homestead in her one-half interest.” After analyzing the 2011 Nebraska bankruptcy decision of In re Pedersen and the cases cited therein, the court distinguished it from the present case because Pedersen