In re Harris
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
MEMORANDUM OPINION
JANET S. BAER, Bankruptcy Judge.
Most requests to avoid judicial liens focus on whether those hens may be validly avoided. This matter presents the less common issue of when a judicial lien can be avoided. Debtors Phillip and Noreen Harris (the “Debtors”) have moved to avoid the judicial hen of United Credit Union (the “Creditor”). The Creditor admits that the hen may be avoided but contends that it need not release the hen unless and until the Debtors complete their chapter 13 plan and receive a discharge. For the following reasons, the Debtors’ motion will be granted, but…
2Cases cited6 opinions
- Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
- In Re KingUnited States Bankruptcy Court, C.D. Illinois · 2003
- VICTORIO v. BillingsleaDistrict Court, S.D. California · 2012
- In Re MorenoUnited States Bankruptcy Court, N.D. Illinois · 2006
- In Re StroudUnited States Bankruptcy Court, M.D. North Carolina · 1997
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