In Re: Thomas J. Silveira
141 F.3d 34 (1998)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Silveira (P) filed Chapter 7. P's primary residence has a fair market value of $157,000. It is subject to a mortgage of $117,680. D holds a $209,500 judicial lien on the property. P claimed an exemption of $15,000 under 11 U.S.C. § 522(d)(1). P filed a motion to avoid D's $209,500 judicial lien to under § 522(f)(1) and § 522(f)(2)(A). The court ruled that the statutes permitted the debtor to avoid the lien in its entirety and granted P's motion. D appealed, claiming that § 522(f)(1) & (f)(2)(A) permitted only a partial avoidance of its judicial lien. The district court affirmed the bankruptcy court. D appealed.
Issues
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Holding & Decision
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Legal Analysis
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