Bankruptcy Court Rules Judgment Lien Only Partially Avoided When Some Equity Exists Under Section 522(f)(1)(A)

Bankruptcy Court Rules Judgment Lien Only Partially Avoided When Some Equity Exists Under Section 522(f)(1)(A)

The value of Debtor’s real estate was $90,147.00. The first mortgage was $70,100.13 and the judicial lien was $88,609.56. The Debtor’s homestead exemption is $15,000. 735 ILCS 5/12-901.

The Bankruptcy Court addressed Debtor’s argument that when a judicial lien partially impairs an exemption, it can be fully avoided under Section 522(f)(1)(A).

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