Higgins v. Household Finance Corp. (In Re Higgins)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge:
I
Because there was no equity in the debtors’ property, the bankruptcy court denied the debtors’ motion to avoid a lien under 11 U.S.C. § 522(f). The debtors appeal.
We REVERSE.
II
FACTS
Joe Robert Higgins, Sr. and Sherrie Reene Higgins (“Debtors”) filed a Chapter 7 petition on June 20, 1995. The schedules attached to the petition indicated that the Debtors owned real property in Citrus Heights, California (“Property”) worth $103,-000. The Debtors claimed an exemption of $1 on the Property pursuant to Cal.Civ.Proc. Code Sec. 703.140(b)(1), which at the time the…
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