Legal Opinion

In re Petersen

United States Bankruptcy Court, D. Utah

Decided November 8, 2016No. Bankruptcy Number: 16-20042PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

William T, Thurman, U.S. Bankruptcy Judge

The matter before the Court is the Debtors’ Motion to Avoid Judicial Lien *789Impairing Homestead Exemption pursuant to 11 U.S.C. § 522(f)1 (the “Motion”).2 The Chapter 13 Trustee, Lon Jenkins, (the “Trustee”) does not dispute that the Debtors may avoid the prepetition lien but has objected to the Motion relying on § 349(b)(1)(B) and claiming that lien avoidance is not effective until the Debtors complete their chapter 13 plan and receive a discharge. The Trustee contends that § 349(b)(1)(B) is intended to protect creditors by avoiding…

2Cases cited12 opinions

  1. Law v. SiegelSupreme Court of the United States · 2014
  2. In Re William Andrews Elana Andrews, Debtors. William Andrews Elana Andrews v. Lawrence J. Loheit, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1995
  3. In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
  4. Nelson v. ScalaCourt of Appeals for the First Circuit · 1999
  5. Zeigler Engineering Sales, Inc. v. Cozad (In Re Cozad)Bankruptcy Appellate Panel of the Tenth Circuit · 1997

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3Cited by1 opinion

  1. In re: Randall Derrick FranklinUnited States Bankruptcy Court, W.D. Oklahoma · 2026

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