11 U.S.C. § 522(F) Lien Avoidance

29 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re McMANUS v. Avco Fin. Servs. of La., Inc.
  681 F.2d 353· 5th Cir.· 1982-07-26 ·cited 43×
  The dissent argues that 11 U.S.C. § 522(f) is available to a Louisiana debtor to avoid a nonpossessory, nonpurchase-money security interest in household goods, despite state law. The dissent believes federal law, under the supremacy clause, overrides state policy on waiver of exe
• In re Reid v. Reid
  757 F.2d 230· 10th Cir.· 1985-03-12 ·cited 28×
  The court held that the bankruptcy court did not err in finding that the paintings were not held primarily for personal, family, or household use, and thus were not exempt from attachment for debts.
• In re Hall v. Fin. ONE OF Ga. Inc.
  752 F.2d 582· 11th Cir.· 1985-02-04 ·cited 23×
  Debtors in bankruptcy whose property exemptions are defined by Georgia law may use 11 U.S.C. § 522(f) to avoid liens that encumber the property they seek to exempt, and Chapter 13 debtors are entitled to use this provision.
• In re Liming v. Liming
  797 F.2d 895· 10th Cir.· 1986-07-29 ·cited 20×
  A debtor may avoid a lien on an implement of their trade under 11 U.S.C. § 522(f)(2)(B) even if the implement is valuable and exempt under state law, and reliance on a false financial statement can make a debt nondischargeable under 11 U.S.C. § 523(a)(2)(B).
• In re Pine v. Credithrift OF Am., Inc.
  717 F.2d 281· 6th Cir.· 1983-09-07 ·cited 20×
  States that opt out of the federal bankruptcy exemption scheme may define "exempt property" to exclude encumbered interests, thereby preventing debtors from using federal law to avoid liens on such property.
• In re Webber v. Credithrift OF Am., Inc.
  674 F.2d 796· 9th Cir.· 1982-04-14 ·cited 18×
  The Bankruptcy Reform Act's lien exemption can constitutionally apply to a lien created after the statute's enactment but before its effective date.
• Dominion Bank OF the Cumberlands, NA v. Nuckolls
  780 F.2d 408· 4th Cir.· 1985-12-18 ·cited 12×
  A debtor may avoid a nonpossessory, nonpurchase-money security interest that impairs an exemption, even if the debtor waived that exemption, provided the property qualifies as a tool of the trade.
• In re Owen v. Owen
  877 F.2d 44· 11th Cir.· 1989-07-11 ·cited 11×
  The Bankruptcy Code's provision allowing avoidance of judicial liens on exempt property does not permit debtors to avoid liens that attached to property before it qualified for homestead exemption under state law.
• In re Maddox v. S. Disc. Co.
  713 F.2d 1526· 11th Cir.· 1983-09-09 ·cited 11×
  A debtor may avoid a nonpossessory, nonpurchase-money security interest in household goods to the extent the lien impairs an exemption, even if the state has opted out of federal exemptions, as the term 'debtor's interest' includes more than just equity.
• In re Allen v. Hale Cnty. State Bank
  725 F.2d 290· 5th Cir.· 1984-02-21 ·cited 10×
  The Texas statute denying personal property exemptions for property subject to secured liens is not preempted by the federal bankruptcy exemption provision, 11 U.S.C. § 522.
• In re Gifford
  688 F.2d 447· 7th Cir.· 1982-08-18 ·cited 10×
  The court held that 11 U.S.C. § 522(f) applies to pre-enactment security interests and its application does not violate the Fifth Amendment's due process or taking clauses.
• In re Leonard v. Leonard
  866 F.2d 335· 10th Cir.· 1989-01-24 ·cited 6×
  A state's election to control exempt property does not prevent debtors from utilizing the federal lien avoidance provision of 11 U.S.C. § 522(f) if the property would have been exempt under state law in the absence of a lien.
• In re C.T. Bessent and Sylvia R. Bessent v. United States (Farmers Home Administration)
  831 F.2d 82· 5th Cir.· 1987-10-28 ·cited 6×
  Texas debtors cannot use 11 U.S.C. § 522(f) to avoid a non-possessory, non-purchase money lien executed in favor of the Farmers Home Administration.
• In re Heape v. Citadel Bank OF Independence
  886 F.2d 280· 10th Cir.· 1989-09-22 ·cited 5×
  Breeding livestock, when exempt under state law and necessary for farming, can be considered a 'tool of the trade' for purposes of federal lien avoidance under 11 U.S.C. § 522(f)(2)(B).
• In re Sandor Chabot v. Sandor Chabot
  992 F.2d 891· 9th Cir.· 1993-04-16 ·cited 4×
  A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
• In re Coones v. Coones
  954 F.2d 596· 10th Cir.· 1992-01-03 ·cited 4×
  The court held that a debtor's claimed exemption is invalid if it lacks a legal basis, regardless of whether a timely objection was filed, and that a security interest in crops can extend to post-petition crops if financed by proceeds of pre-petition collateral.
• In re Thurman A. FOX and Jewel D. Fox v. Thurman A. FOX and Jewel D. Fox
  902 F.2d 411· 5th Cir.· 1990-06-06 ·cited 4×
  A debtor cannot use 11 U.S.C. § 522(f) to avoid a valid, voluntary, nonpossessory, nonpurchase-money security interest in household goods that are otherwise exempt under Mississippi law.
• In re Simonson v. First Bank of Greater Pittston
  758 F.2d 103· 3d Cir.· 1985-03-25 ·cited 4×
  A debtor cannot use lien avoidance provisions to create equity in property where none exists after accounting for valid, unavoidable liens.
• In re McKAY
  732 F.2d 44· 3d Cir.· 1984-04-10 ·cited 4×
  The court held that the debtor bears the burden of filing a complaint and serving notice to avoid a judicial lien under 11 U.S.C. § 522(f), as adversary proceeding rules apply.
• Gibson Grp. v. Cooper (In Re Cooper)
  197 B.R. 698· M.D. Fla.· 1996-07-01 ·cited 2×
  The court held that a judicial lien can be avoided under § 522(f) of the Bankruptcy Code if it impairs an exemption to which the debtor is entitled at the time of filing the bankruptcy petition, even if the lien attached before the property qualified as homestead.
• In re Norbert M. Arango v. Third Nat'l Bank IN Nashville
  992 F.2d 611· 6th Cir.· 1993-04-26 ·cited 2×
  A judicial lien on a debtor's right of survivorship in entireties property does not impair the debtor's present possessory interest in that property under Tennessee law, and therefore cannot be avoided under 11 U.S.C. § 522(f)(1).
• In re Thompson v. Thompson
  884 F.2d 1100· 8th Cir.· 1989-09-08 ·cited 2×
  A debtor may avoid a lien on exempt property under 11 U.S.C. § 522(f) even if they have waived their state law exemption rights attendant to that property.
• In re Walters v. United States Nat'l Bank IN Johnstown
  879 F.2d 95· 3d Cir.· 1989-07-20 ·cited 2×
  A bankrupt can avoid a judicial lien on their homestead for a non-dischargeable debt if the lien impairs an exemption to which they would otherwise be entitled.
• Mead v. Mead
  974 F.2d 990· 8th Cir.· 1992-09-09
  A debtor may avoid the fixing of a judicial lien under § 522(f) only if the debtor possessed the property interest before the lien attached; however, a lien reinstated due to fraud is treated as the original lien for avoidance purposes, but any enhancement to the lien amount beyo
• In re Taylor v. Taylor
  861 F.2d 550· 9th Cir.· 1988-11-09
  A debtor in bankruptcy may avoid a nonpossessory, nonpurchase-money security interest in a logging truck and trailer under Montana's 'tools of the trade' exemption statute, even if the property is valuable.
• In re Williamson v. Williamson
  844 F.2d 1166· 5th Cir.· 1988-05-16
  The court held that while Williamson is entitled to a homestead exemption in the sale proceeds of his residence, the amount is limited to his pro-rata interest in 160 acres, not the statutory maximum of $30,000.
• In re Billings v. Avco Colo. Indus. Bank
  838 F.2d 405· 10th Cir.· 1988-01-27
  Refinancing a purchase money loan does not automatically extinguish the creditor's purchase money security interest if the parties did not intend to extinguish the original debt.
• Fitzgerald v. Davis
  729 F.2d 306· 4th Cir.· 1984-03-07
  The court held that the bankruptcy court's orders lacked a sound factual predicate because they did not consider the property's sale price, which is more reliable evidence of value than prior estimates. The case is remanded for reconsideration using the sale price as the fair mar