Title DANIEL DeBARROS
Judge
Paul Mannes
Entered
Case Number
96-1-9361
Summary

A Chapter 13 debtor sought to avoid a judgment lien that attached to his interest as a tenant-in-common of a parcel of real property eight days before the filing of his bankruptcy case. Defendant did not respond, and a default was entered. HELD: because the debtor had equity in the real property in an amount nearly five times the amount of the judgment, his avoidance power was limited to the amount of exemption left to him, that is, $1,039.00, rather than avoidance of the entire judgment.

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