IN RE: THOMAS J. SILVEIRA
141 F.3d 34 (1998)
NATURE OF THE CASE: Bank (D) appealed an order, which affirmed a bankruptcy court ruling
that avoided Silveira's (P) judicial lien in its entirety on P’s, debtor’s property,
pursuant to 11 U.S.C.S. §§ 522(f)(1) and (f)(2)(A).
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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