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Opinion 363a

Case Name: 

David Dorsey Dist., Inc. v. Sanders (In re Sanders)

Judge: 
U.S. District Court, Utah
Date: 
Jul-6-1993
Case Number(s): 
92A-23941
Status: 

APPEAL
Unpublished
See 39 F.3d 258 (10th Cir. 1994)

Body: 

Chapter 7 debtor's motion to avoid a judgment lien pursuant to 11 U.S.C. § 522(f)(1) was granted by the bankruptcy court, and the lien was avoided in its entirety. On appeal from that order, the district court held that, where a judgment lien impairs an exemption, § 522(f)(1) does not permit a debtor to avoid the lien beyond the amount of the debtor's homestead exemption, which in this case was provided by Utah exemption law. The district court found that the judgment lien did not impair debtor's homestead exemption because, under Utah law, a homestead exemption is immune from judicial liens. Therefore, it was not necessary to avoid the lien for debtor to enjoy the exemption. The district court concluded that § 522(f)(l) lien avoidance was superfluous, since Utah's homestead exemption statute performs the same protective function.

Internal Ref: 
Opinion 363a
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