11 U.S.C. § 522

Section 522(b)(1) permits a debtor to choose the federal exemptions in § 522(d) only when state law allows that choice; Virginia law does not.

Tignor v. William C. Parkinson, Jr., in Re Henry Clay Tignor, Debtor · filed 1984-03-15§ 522(b)(1)

If state law allows the debtor to make the choice, he may choose between the federal exemptions specifically set out in 11 U.S.C. § 522(d) and those provided by other federal laws and state law. Virginia, however, under the authority of 11 U.S.C. § 522(b)(1), does not allow the debtor to choose the federal exemptions of 11 U.S.C. § 522(d).

When a state opts out under § 522(b)(1), § 522(d) exemptions are unavailable to its residents, who must use applicable state or other federal exemptions.

Leo Warren Hinkson, Debtor-Appellant v. Jean D. Pfleiderer, Trustee-Appellee v. State of Colorado, Intervening-Appellee · filed 1984-03-19§§ 522(b)(1), 522(b)(2)(A), 522(d)

It is clear that where a state has acted affirmatively, pursuant to the congressional grant contained in 11 U.S.C. § 522(b)(1), a debtor may not take advantage of the exemptions provided for under section 522(d) of the Code.

Section 522(f) does not eliminate the bankruptcy court’s discretion to reopen a closed case to permit lien avoidance.

Busch v. Union Bank & Trust Co. (In Re Busch) · filed 1984-03-20§ 522(f)

there is no legislative edict abolishing the established rule of law that the reopening of a closed case is within the sound discretion of the court.

Section 522(f)(1) does not avoid a judicial lien that arose with a conveyance and therefore did not fix on an unencumbered interest at acquisition.

Williams v. Williams (In Re Williams) · filed 1984-03-20§ 522(f)(1)

Therefore, this lien, though judicially sanctioned, does not find itself within the ambit of § 522(f)(1).

Section 522(f)(1) permits avoidance of a judgment lien because the property remained exempt under Missouri law and the lien impaired that exemption.

Farris v. Farmington Production Credit Ass’n (In Re Farris) · filed 1984-03-23§ 522(f)(1)

Accordingly, the property in question was at all relevant times exempt under Missouri law and, therefore, the Bankruptcy Code, and Defendant’s judgment lien impairs that exemption.

Section 522(b)(2)(B) does not exempt Maryland entireties property reachable by the debtor’s joint creditors.

In Re Seidel · filed 1984-03-27§ 522(b)(2)(B)

Finding that the debtor has joint creditors and that the debtor’s property held as a tenant by the entireties may be reached by those creditors under Maryland Law, the Trustee’s objection to the debtor’s claim of exemptions will be sustained.

Section 522(b)(1) gives states the option to opt out of the federal exemptions.

In Re Oliver · filed 1984-03-28§ 522(b)(1)

Minnesota is one of the minority of states which has not exercised its right provided by § 522(b)(1) to “opt out", i.e. prohibit its residents from claiming the bankruptcy exemptions.

In a joint case, a surviving debtor may claim the deceased spouse’s homestead exemption because the claim vested when the petition was filed.

In Re Friedman · filed 1984-04-03§§ 522(b)(2)(B), 522(d)(1), 522(m)

of the debtor-husband vested at the time the debtors’ filed their petition and that the debtor-husband’s subsequent death did not alter said claim of exemption.

Section 522(f) is available to a Chapter 13 debtor to avoid qualifying liens.

Quidley v. Small Business Administration (In Re Quidley) · filed 1984-04-04§ 522(f), § 522(f)(2)(B)

this Court holds that a Chapter 13 debtor may utilize the lien avoidance provisions of § 522(f).

Section 522(g) bars a debtor from exempting sale proceeds recovered by the trustee through avoidance and preservation of an unperfected secured interest.

Stewart v. Farmers Bank (In re Johnson) · filed 1984-04-04§ 522(g)

Because the trustee may preserve the secured (but unperfected) interest of the Bank for the benefit of the estate, the debtor does not possess any exemption right in the sale proceeds recovered by the trustee.

Section 522(f) permits a Chapter 13 debtor to avoid a judicial lien to the extent it impairs an exemption available under § 522(b).

Blake v. Ledan (In Re Blake) · filed 1984-04-05§ 522(f), in relation to (b)

This Court shares the majority view and finds Section 522(f) applicable to Chapter 13 proceedings. ... Applying the principals discussed above the debtor may avoid the judicial lien on his residence to the extent that it impairs his right to an exemption on that property.

Section 522(f) permits avoidance of a judicial lien that impairs an exemption, and the lien may be avoided in full when the mortgage and exemption exhaust the property’s value.

In re Carroll · filed 1984-04-06§ 522(f)

Accepting the debtor’s stated value (which is the higher of the two values submitted), it is apparent that the cumulative total of the first mortgage balance plus allowable homestead exemptions does not result in a surplus available for the continued attachment of the creditor’s judicial lien.

Section 522(b) permits a debtor to exempt an unaccrued royalty interest that is exempt on the petition date.

Nazar v. Thexton (In Re Thexton) · filed 1984-04-09§ 522(b)

On the date the case is commenced, the debtor has an unaccrued royalty interest under an oil and gas lease in unsevered oil and gas. The unaccrued royalty interest is exempt on that date.

Section 522(f) does not reach an automobile unless the automobile qualifies as a tool of the trade.

In Re Lillard · filed 1984-03-12§ 522(f)

That is not the case herein, but even if it was this court has spent sufficient time researching the subject to conclude that an automobile, unless it qualifies as a tool of the trade, lies beyond the reach of Section 522(f).

Section 522(f)(1) protects exemptions by permitting avoidance of a judicial lien on property to the extent the property could have been exempted without the lien.

Marino v. Stroehmann Bros. Co. (In re Marino) · filed 1984-05-07§§ 522(f)(1), 522(d)(2), 522(d)(5)

Rather, § 522(f) protects the debtor’s exemptions and his fresh start by permitting the debtor to avoid a judicial lien on any property to the extent that the property could have been exempted in the absence of the lien.

Section 522(f) lien avoidance must be initiated by the debtor through an adversary proceeding, including filing and serving a complaint on each affected creditor.

In Re McKay · filed 1984-04-10§ 522(f)

the debtor has the burden of filing a complaint seeking lien avoidance with the bankruptcy court and serving a copy of it on each creditor whose lien the debtor seeks to avoid.

Under § 522(f), a debtor’s attempt to avoid a judicial lien is governed by the adversary-proceeding rules, requiring a complaint served on each affected creditor.

In re McKay · filed 1984-04-10§ 522(f)

We conclude that the drafters of the rules intended all forms of lien avoidance pursuant to section 522(f) to be subject to the adversary proceeding rules.

Section 522(b)(2)(B) does not exempt a Massachusetts tenancy-by-the-entirety interest from process when state law permits process against it.

In Re Abdallah · filed 1984-04-12§ 522(b)(2)(B)

However, even if the Debtor chose his exemptions under state law, his interest in tenancy by the entirety property in Massachusetts is not exempt from process (11 U.S.C. § 522(b)(2)(B)).

Under § 522(d)(10)(E), whether pension-plan funds are reasonably necessary for support is a factual determination reviewed for clear error.

In the Matter of Richard L. Kochell, Debtor-Appellant · filed 1984-04-12§ 522(d)(10)(E)

A determination that funds are reasonably necessary for support under § 522(d)(10)(E) is a factual determination.

Section 522(f)(2)(A) permits avoidance of a non-purchase-money lien on household furniture that the debtor possesses and holds for household use, even when the furniture is stored.

In re Wenrich · filed 1984-04-19§ 522(f)(2)(A)

The Debtor has retained title to the furniture, subject to the lien, and maintains possession of the furniture, albeit in storage. Therefore, the Debtor holds the property.

Section 522(f)(1) permits avoidance of a judicial lien impairing a New York homestead exemption, including the exemption amount allowed by state law.

Henry v. Chase Manhattan Bank (In Re Henry) · filed 1984-05-01§ 522(f)(1)

If the equity in a debtor’s homestead is not sufficient to satisfy both the exemption and the judgment lien, the debtor will be permitted to avoid the judgment lien.

Section 522 permits a debtor to convert non-exempt property into exempt property before bankruptcy, and the conversion alone does not defeat the exemption.

Judson v. Levine (In Re Levine) · filed 1984-05-04§ 522

The Code however, adopts the position that the conversion of non-exempt to exempt property, without more, will not deprive the debtor of the exemption to which he would otherwise be entitled.

Section 522(h) allows a debtor to avoid a transfer only if the debtor could have exempted the transferred property under § 522(d)(5) had the trustee avoided it.

Matter of Rutty · filed 1984-05-14§ 522(h)

a debtor must show, pursuant to section 522(h) of the Code that if the trustee had avoided these payments, the debtor could have exempted them under section 522(d)(5).

Section 522(f) does not permit a debtor to avoid a lien that does not impair an exemption.

In Re Shines · filed 1984-05-17§ 522(f)

Absent such impairment the lien may not be avoided pursuant to 11 U.S.C. § 522(f).

Section 522(b)(2)(B) does not exempt non-homestead entireties property in a joint case when joint obligations exceed the property’s value.

In Re Blum · filed 1984-05-25§ 522(b)(2)(B)

Accordingly, this Court holds that 11 U.S.C. § 522(b)(2)(B) does not exempt non-homestead entireties property in a joint case, at least where there are joint obligations of the debtors exceeding the value of the non-homestead entireties property.

Section 522(f)(2) permits avoidance of a nonpossessory, nonpurchase-money security interest only when the property falls within the listed categories, and firearms do not qualify.

In Re Wetzel · filed 1984-06-06§ 522(f)(2)

Likewise, this Court finds these firearms to be outside the category of necessary items of low resale value covered by the statute.

In a case converted from Chapter 13 to Chapter 7, § 522(b)(2)(A) does not bar the debtor from claiming a homestead exemption based on circumstances existing at conversion.

Armstrong v. Lindberg · filed 1984-06-06§ 522(b)(2)(A)

we must conclude that § 348(a) and § 522(b)(2)(A) do not prohibit the Lindbergs from claiming a homestead exemption in their farm.

Section 522(b)(2) allows an individual debtor to exempt property that is exempt under the law of the debtor’s domicile.

In Re Greene · filed 1984-06-11§ 522(b)(2)

Under 11 U.S.C. § 522(b)(2), an individual debtor may exempt from property of the estate any property that is exempt under state law where the debtor is domiciled.

Section 522(g)(1)(A) permits exemption of property recovered by the trustee only when the transfer was involuntary; voluntary transfers therefore cannot be exempted or avoided by the debtor under § 522(h).

In Re Whisenton · filed 1984-06-18§ 522(g)(1)(A)

In this case the pre-petition transfers were all voluntary; hence they could not be exempted; and therefore they cannot be avoided by the debtor.

Under § 522(f)(2)(B), a motor vehicle qualifies as a tool of the trade only when it is necessary to and used by the debtor to carry on the trade, allowing avoidance of an impairing security interest.

Dempsey v. Household Finance Corp. (In Re Dempsey) · filed 1984-06-22§ 522(f)(2)(B)

The emerging rule which we adopt is that a motor vehicle is a tool of the trade only if it is “necessary to, and is used by the debtor to carry on his trade.”

Section 522(f)(1) permits avoidance of a judicial lien even without pre-avoidance equity when the lien impairs the debtor’s homestead exemption.

In re Schnabel · filed 1984-05-09§ 522(f)(1)

a debtor is not required to have equity in property prior to exercising the lien avoidance power.

Section 522(f) lien avoidance requires property of the estate in which the debtor can claim a valid exemption.

In Re Gibbs · filed 1984-05-18§ 522(f), § 522(b)

A debtor must demonstrate, in order, that there is (a) property of the estate, (b) in which he can claim a valid exemption, to the extent of which (c) a lien against that property may be avoided under Section 522(f) as judicially interpreted.

Section 522(b)(2)(A) permits a debtor to claim the Wisconsin exemptions to which the debtor is entitled under federal law.

Matter of Gullickson · filed 1984-06-07§ 522(b)(2)(A)

sin exemptions to which he is entitled.

Section 522(f)(2)(B) allows debtors to avoid a nonpossessory, nonpurchase-money security interest in implements or tools of the trade to the extent it impairs an exemption.

Rameker v. Hollinsed (In Re Hollinsed) · filed 1984-06-12§ 522(f)(2)(B)

allows the debtors to avoid the fixing of a nonposses-sory, nonpurchase money security interest in any implements or tools of the trade of the debtor to the extent such a security interest impairs an exemption to which the debtor would otherwise be entitled.

Section 522(d)(10)(E) treats ERISA-qualified pension benefits as exemptible property subject to the reasonable-support limitation.

Central States, Southeast & Southwest Areas Health & Welfare Pension Fund v. Stephenson (In Re McLean) · filed 1984-06-15§ 522(d)(10)(E)

ERISA qualified pension benefits clearly constitute an exemption under 11 U.S.C. § 522(d), the provision which sets forth the federal exemptions.

Section 522(f)(2)(B) does not authorize lien avoidance for a pickup when the debtor fails to show that it is a tool of the trade or essential to occupational pursuits.

In Re Parker · filed 1984-06-27§ 522(f)(2)(B)

Therefore, no cause being shown for the granting of the relief sought, it is hereby ORDERED by the Court that the motion to avoid the fixing of a lien in the 1978 Dodge pickup truck pursuant to 11 U.S.C. § 522(f)(2)(B) is denied.

Section 522(f) does not permit avoidance of a judicial lien when, even without the lien, the debtor would not be entitled to the claimed exemption under applicable state law.

In re Ahmed · filed 1996-04-15(f)

Simply put, in the present case, Owen’s pivotal question — “whether avoiding the hen would entitle the debtor to an exemption” — must be answered in the negative.

Section 522(f) does not allow avoidance of a judicial lien when, under the state exemption scheme selected under § 522(b), the debtor would not have an exemption in the property even without the lien.

Meseraull v. Rick Miller Constr. · filed 1996-04-19(b), (f)

Accordingly, Miller's lien does not impair an exemption to which Meseraull would be entitled but for the lien, as even if Miller's lien were avoided, Meseraull's homestead would not be exempt from her debt to Miller.

Section 522(d)(2) permits an exemption for a motor vehicle, and § 522(f)(2)(B) permits lien avoidance when the lien impairs exemptions for tools of the trade.

Branas v. United States, Farmers Home Administration (In Re Branas) · filed 1992-07-28(d)(2), (f)(2)(B)

Debtors in the instant case seek to categorize the motor vehicle as a tool of the trade pursuant to § 522(f)(2)(B), not (A). There is no good reason in this case why debtors should not be permitted to aggregate their exemption pursuant to § 522(d)(2) with their other exemptions pursuant to §§ 522(d)(5) and (6) for purposes of lien avoidance pursuant to § 522(f)(2)(B). The rationale in Augustine applies with equal force to the aggregation of such exemptions for such a purpose.

Section 522(f) permits a lien creditor defending a lien avoidance motion to challenge the claimed exemption despite missing the deadline to object to it.

In Re Patterson · filed 2002-03-28(f)

Thus, if the lien creditor does not timely object to the exemption, but successfully defends against the lien avoidance motion, the entire exemption is not set aside. ... For these reasons, the Court holds that the City is entitled to defend this lien avoidance action, by challenging the Debtors’ exemption.

Section 522(f) permits a judicial lien creditor to challenge a claimed exemption when defending against lien avoidance, even if the creditor did not timely object to the exemption.

In Re Gardner · filed 2009-10-05(f)

Though Debtors’ Rich Land Property is exempt for purposes of their bankruptcy case, this Court, following the lead of the Ninth Circuit Bankruptcy Appellate Panel, has held that the failure of a creditor to timely object to a claim of exemption does not prevent that creditor from challenging the validity of the exemption in defense of a debtor’s later motion to avoid its judicial lien.

In a chapter 13-to-7 conversion, the conversion date controls the exemptions the debtor may claim from the converted estate; § 522(b)(2)(A) does not prohibit a farm homestead exemption.

In Re Lindberg · filed 1984-07-12§ 522(b)(2)(A)

We believe that the same date must control in determining what exemptions the debtor may claim from the estate.

Section 522(d)(1) permits exemption of the debtor’s entire aggregate interest in a residence up to the statutory maximum.

In Re Ricks · filed 1984-07-17§ 522(d)(1)

his entire “aggregate interest” in the property can be claimed as exempt, because his “aggregate interest” does not exceed the statutory limit, and under 11 U.S.C. § 522(d)(1) he is entitled to exempt his “aggregate interest, not to exceed” the statutory maximum.

Section 522(b)(2)(A) treats insurance policies exempt under applicable Ohio law as exempt assets.

Slutsky v. Bess (In Re Bess) · filed 1984-07-20§ 522(b)(2)(A)

The insurance policies, and ány interests therein, held by Richard and Wynona Bess on the lives of each other are exempt assets under O.R.C. § 2329.66(A)(6)(b) and 3911.10, and 11 U.S.C. § 522(b)(2)(A).

Section 522(f)(2)(B) does not permit avoidance of liens on a vehicle that is not exempt as a tool of trade under applicable state law.

Associates Financial Services Co. v. Williams (In Re Williams) · filed 1984-07-25§ 522(f)(2)(B)

As Debtors’ 1979 Chevrolet is not a “tool of trade” under Virginia law, Debtors may not properly exempt this vehicle, nor may the liens held by Associates Financial Services and Blazer Financial be avoided under § 522(f)(2)(B).

Section 522(l) makes a debtor’s claimed exemptions effective unless a party in interest objects.

In Re Kjerstad · filed 1984-07-31§ 522(l)

Subsection 522(1) of the Bankruptcy Code provides that a debtor’s claimed exemptions are exempt unless a party in interest objects.

Section 522(f)(2) permits avoidance of a lien on household goods when the lien is subject to the statutory avoidance remedy.

Barclays American Financial Corp. v. Bellesfield (In Re Bellesfield) · filed 1984-08-10§ 522(f)(2)

such lien being subject to avoidance pursuant to Section 522(f)(2) of the Bankruptcy Code, 11 U.S.C. § 522(f)(2).

Section 522(f)(2)(B) permits avoidance of liens on large farm equipment that qualifies as tools or implements of the debtor’s trade when the statutory conditions are met.

Middleton v. Farmers State Bank of Fosston · filed 1984-08-13§ 522(f)(2)(B)

Thus, this court determines that large farm equipment is exemptable and avoidable upon a proper showing of the standards set out herein.

Section 522(e) makes a debtor’s waiver of the § 522(f) lien-avoidance power unenforceable, including a statutory waiver incorporated into a security agreement.

In Re Lawson · filed 1984-08-16§ 522(e)

Section 522(e) makes no distinction between a contractual and a statutory waiver of such power by a debtor.

Section 522(e) permits a debtor to claim applicable exemptions despite a pre-bankruptcy waiver of exemptions.

In Re Hanson · filed 1984-08-20§ 522(e)

A debtor may claim these exemptions notwithstanding any waiver of exemptions executed prior to commencement of the bankruptcy proceeding. 11 U.S.C. § 522(e).

Section 522(h) allows a debtor to exercise the trustee’s avoidance power when the trustee does not exercise it and the debtor could have exempted the property.

Tressler v. Tressler (In Re Tressler) · filed 1984-08-21§ 522(h)

Since Eva could have exempted the $200 (and so indicated her intent on the exempt property schedule of the petition) if the trustee had avoided the transfer, she acquired the trustee’s power when he chose not to exercise it.

Section 522(f)(2)(B) permits avoidance of a nonpossessory, nonpurchase-money lien on trade tools to the extent it impairs an exemption, including a § 522(d)(5) exemption.

Walkington v. Production Credit Ass’n (In Re Walkington) · filed 1984-08-25§§ 522(f)(2)(B), 522(d)(5), 522(d)(6)

Congress did not intend, and surely did not draft into the Code, an absolute prohibition of a § 522(d)(5) exemption for purposes of § 522(f)(2) lien avoidance.

Section 522(f)(1) requires a lien to attach to the debtor’s interest in exempt property and to be a judicial lien before it can be avoided.

Jeanine M. Boyd, F/K/A Jeanine Boyd Robinson v. Robinson · filed 1984-08-29§ 522(f)(1)

For present purposes, section 522(f)(1) establishes two requirements for avoiding a lien: (1) the lien must attach to an interest of the debtor in exempt property; (2) the lien must be a judicial lien.

Section 522(f)(2) permits avoidance of a nonpossessory, nonpurchase-money security interest in specified personal and household goods to the extent it impairs an exemption.

Lunsford v. Avco Financial Services (In Re Lunsford) · filed 1984-08-30§ 522(f)(2)

Thus, under § 522(f)(2), the debtor may avoid a nonpossessory, nonpurchase-money security interest in certain personal and household goods to the extent the lien impairs an exemption to which the debtor would have been entitled under § 522(b).

Section 522(f) permits avoidance of a judicial lien impairing an exemption under § 522(b), and the statute does not exclude liens fixed before the bankruptcy filing.

Danella v. Kenney Builder Products Co. (In Re Danella) · filed 1984-09-06§ 522(f), § 522(b)

section 522 and its legislative history are silent with respect to time; neither provides even the slightest support for United’s contention that § 522(f) excludes liens which have been “fixed” prior to the filing.

Section 522(f) authorizes avoiding a judicial lien to the extent it impairs an exemption available under § 522(b).

In Re Kurszewski · filed 1984-07-12§§ 522(f)(1), 522(b)

The Debtors may avoid the Zurawski judicial lien to the extent that said lien impairs an exemption to which the Debtors would have been entitled under 11 U.S.C. sec. 522(b).

Section 522(b)(2)(A) requires applying the exemption law in effect on the petition date, while allowing later determination of whether that law’s conditions were met.

In Re Earnest · filed 1984-07-23§ 522(b)(2)(A)

The court must apply the law applicable as of the date the bankruptcy petition is filed at a time during the bankruptcy proceedings when it is able to make a determination whether the law’s requirements have been met.

Section 522(g)(1)(A) does not bar recovery of post-petition wages that were not recovered by the trustee under the subsection’s listed Code provisions.

In Re Bullock · filed 1984-07-26§ 522(g)(1)(A)

the debtor’s wages in the trustee’s hands were not recovered by the trustee under §§ 510(c)(2), 542, 543, 550, 551 or 553.

Section 522(l) permits qualifying personal property to be claimed exempt in the bankruptcy petition without setting it apart by a Virginia homestead deed.

In Re Tate · filed 1984-08-06§ 522(l)

does not require the setting apart by Deed or otherwise.

Section 522(b)(2)(B) fixes the entireties-exemption inquiry immediately before the case begins, so later satisfaction of joint debt does not retroactively create an exemption.

In Re Sefren · filed 1984-08-13§ 522(b)(2)(B)

process immediately before this case was filed. Because the entireties property was not exempt from process under Maryland law, then, it cannot be subsequently exempted in this case after the joint debt has been satisfied.

Section 522(f)(2)(B) permits a debtor to avoid a nonpossessory, nonpurchase-money security interest in trade tools even when the lienholder is the United States.

In re Dimmig · filed 1984-08-27§ 522(f)(2)(B)

Consequently, the objection of the United States to the debtors’ lien avoidance application must be denied, and we shall grant the relief requested by the debtors in their application.

Section 522(f) does not allow avoidance of judgment liens that do not impair the debtor’s homestead exemption.

Alu v. State, Department of Taxation & Finance · filed 1984-08-29§ 522(f)

Consequently, the liens cannot be avoided pursuant to 11 U.S.C. Section 522(f).

Section 522(h) permits a debtor to avoid a transfer or recover a set-off only when the debtor could have exempted the property and the trustee’s avoidance conditions are met.

Gillespie v. Cherry Creek National Bank (In Re Gillespie) · filed 1984-08-30§ 522(h)

Thus, the Debtor has failed to bring himself into the purview of 11 U.S.C. § 522(h) and accordingly, the Bank’s Motion to Dismiss made at the conclusion of the Debtor’s case must be granted.

When a debtor elects the state-exemption scheme under § 522(b), self-settled pension and profit-sharing funds are not exempt under § 522(b)(2)(A) and must be turned over to the trustee.

Matter of La Fata · filed 1984-09-07§ 522(b)(2)(A)

if the debtor makes an election under 11 U.S.C. § 522(b), the “state” exemption, he can not exempt any of his self-settled pension and profit sharing plans.

Section 522(f)(1) permits avoidance of a judicial lien only when it impairs the debtor’s exemption.

In re Heller · filed 1984-09-10§ 522(f)(1)

Under these facts, the debtors’ claimed exemption of $4,000.00 is simply not impaired by the judicial lien, and the lien avoidance application must, therefore, be denied.

Section 522(f)(2) leaves a purchase-money security interest intact to the extent it can be allocated to the original item’s unpaid price, avoiding only the nonpurchase-money portion.

In re Pristas · filed 1984-09-12§ 522(f)(2)

If that allocation can be made, the purchase-money security interest survives and will not be avoided.

Section 522(f)(2)(A) does not permit avoidance of a nonpossessory, nonpurchase-money security interest in an automobile because an automobile is not household goods.

In Re Yokley · filed 1984-09-17§ 522(f)(2)(A)

An automobile is not “household goods” within the meaning of 11 U.S.C. § 522(f)(2)(A) and the debtor may not avoid the creditor’s nonpossessory, nonpurchase-money security interest in the 1980 Mazda 626 automobile pursuant to 11 U.S.C. § 522(f)(2)(A).

Section 522(f)(1) does not avoid a statutory lien on lawsuit proceeds because the lien is not a judicial lien.

Janssen v. Washington Hospital Center (In Re Janssen) · filed 1984-09-17§ 522(f)(1)

Insofar as defendant’s lien is not a “judicial lien”, debtor may not avoid it under section 522(f).

Section 522(f)(2)(B) permits a debtor to avoid a nonpossessory, nonpurchase-money security interest that impairs an exemption in a tool of trade.

In Re Nowak · filed 1984-09-18§ 522(f)(2)(B)

Under 11 U.S.C. sec. 522(f)(2)(B), a debtor may avoid a lien to the extent it impairs an exemption if the lien is a nonpossessory, nonpurchase-money security interest in any tool of the trade of the debtor.

Section 522(m) applies exemptions separately to each debtor in a joint case, allowing spouses to aggregate their homestead exemptions.

Manufacturers & Traders Trust Co. v. Borst · filed 1984-09-18§ 522(m)

The intention of Congress in enacting section 522 (m) was that all allowance exemptions run to the benefit of each debtor or spouse who filed a joint petition.

When a state opts out under § 522(b), debtors may avoid liens only on property that the state has declared exempt.

In Re Spears · filed 1984-09-26§ 522(b)

debtors may avoid liens only on that property which the states have declared to be exempt.

Section 522(c)(2)(B) preserves an unvoided lien against exempt property.

Robinson v. Olin Federal Credit Union · filed 1984-10-05§ 522(c)(2)(B)

the exempted property may be liable for satisfaction of the lien.

Section 522(b)(2)(A) does not exempt funds in an ERISA-qualified trust merely because ERISA is federal law.

Rodgers v. Norman (In Re Crenshaw) · filed 1984-10-09§ 522(b)(2)(A)

neither ERISA nor any other federal statute creates an exemption for the funds held in an ERISA-qualified trust.

Section 522(f) permits a debtor to avoid a judicial lien that impairs an exemption to which the debtor is entitled.

In re Busby · filed 1984-10-09§ 522(f)

11 U.S.C. § 522(f) permits a debtor to avoid a judicial lien that impairs an exemption to which he is entitled.

Section 522(d)(5) permits a debtor to claim qualifying sale proceeds as exempt under its spillover limit.

Matter of Curtis · filed 1984-10-10§ 522(d)(5)

the amount of the sale proceeds realized exceeding the sum of $60,973.00, can be claimed as exempt to the limited extent provided by the “spillover” effect of § 522(d)(5).

Section 522(f) does not authorize avoidance of liens securing pre-Code loans because it cannot be applied retroactively.

Yoder v. United States (In Re Yoder) · filed 1984-10-17§ 522(f)

prior to the effective date of the Code since 11 U.S.C. § 522(f) cannot be applied retroactively and these liens cannot be avoided. Accordingly, the portion of the Bankruptcy Court’s Order avoiding these liens is reversed.

Section 522(b)(2) permits exemption of property exempt under applicable state law, and a dependent may claim it for the debtor only if the debtor would have been entitled to it.

In Re the Estate of Barefoot · filed 1984-10-18§ 522(b)(2)

Mr. Barefoot clearly would not be entitled to an exemption in the automobile under the North Carolina widow’s statutory allowance.

Section 522(b)(2)(B) preserves a debtor’s interest in tenancy-by-the-entireties property when it is exempt from process under applicable nonbankruptcy law.

In Re Oliver · filed 1984-10-23§ 522(b)(2)(B)

any interest a debtor had in a tenancy by the entirety before the filing of the petition that is exempt from process under applicable non-bankruptcy law is likewise exempt from the bankrupt estate.

Section 522(m) requires each debtor in a joint case to receive the exemptions that debtor could claim if filing separately, without requiring state law to treat married and single people identically.

Pitrat v. Unkefer (In re Unkefer) · filed 1984-10-23§ 522(m)

Section 522(m) is properly construed as simply requiring that each debtor in a joint case be allowed to exempt that property which an individual filing separately might exempt.

Section 522(b)(2) permits a debtor to claim exemptions under applicable state and local law in effect on the filing date.

In Re Olson · filed 1984-11-16§ 522(b)(2)

This section of the Bankruptcy Code allows a debtor to exempt property under certain Federal laws and “state and local law that is applicable on the date of filing.”

Section 522(f)(1) permits avoidance of a judicial lien only to the extent it impairs an exemption available under § 522(b).

In Re Greenhill · filed 1984-11-21§ 522(f)(1)

Pursuant to 11 U.S.C. § 522(f), a debtor may avoid a judicial lien to the extent that such lien impairs an exemption to which the debtor is entitled under 11 U.S.C. § 522(b).

Section 522(b)(2) lets a debtor claim as exempt in bankruptcy the exemptions granted by applicable state law.

In Re Babcock · filed 1984-11-28§ 522(b)(2)

The debtor has the right under 11 U.S.C. § 522(b)(2) to claim as exempt in his bankruptcy those exemptions granted to him by the laws of the State of Minnesota.

Section 522(m) applies exemptions separately to each debtor only in a joint bankruptcy case.

Robinson v. De Pinto (In Re Robinson) · filed 1984-11-28§ 522(m)

by its own terms § 522(m) applies to “joint” cases, and this is not a joint case.

In an opt-out state, § 522(b)(2)(A) permits only exemptions allowable and properly claimed under applicable state law.

In Re Laughinghouse · filed 1984-11-29§ 522(b)(2)(A)

debtors may only claim state exemptions if the exemptions are both allowable and properly claimed under applicable state law.

Section 522(h) permits a Chapter 7 debtor to avoid a transfer under § 547 when the trustee does not act, but only to the extent the debtor could have exempted the property.

Trejo v. County of Sacramento (In Re Trejo) · filed 1984-12-05§ 522(h)

The debtor’s right to avoid the transfer, however, is limited to the extent that the debtor could have exempted the property had the trustee avoided the transfer.

Section 522(f)(2)(A) does not permit avoidance of a nonpossessory, nonpurchase-money security interest in commercially raised pigs because they are not held primarily for personal, family, or household use.

In re Thompson · filed 1984-12-05§ 522(f)(2)(A)

The APCA non-purchase-money security interest in the 210 pigs is not avoidable under 11 U.S.C. Sec. 522(f)(2)(A) (1982).

Sections 522(g) and (h) permit a debtor to exempt wages recovered as a preference when the transfer was involuntary and the debtor amends the homestead exemption.

In Re Smith · filed 1984-12-06§§ 522(g), 522(h)

This Court specifically holds that wages recovered as a preference under § 522(h) may be exempted by the debtor by amending a previously filed homestead deed.

Section 522(f) does not allow avoidance of a nonpossessory, nonpurchase-money lien on an automobile by treating the automobile as a tool of trade.

Bank of Edgar v. Nowak (In Re Bankruptcy of Nowak) · filed 1984-12-11§§ 522(f)(2)(A), 522(d)(2)

this Court will not expand its clear intention to treat automobiles as motor vehicles, particularly where to treat them as tools in trade would allow a complete avoidance of a non-possessory, non-purchase money security interest by virtue of 11 U.S.C. § 522(f).

Section 522(f)(2)(A) does not permit avoidance of a lien on a residence by treating the house as a household good.

In Re Bova · filed 1984-12-12§ 522(f)(2)(A)

we find that Congress did not intend for liens against property used as a residence to be avoidable pursuant to § 522(f)(2).

Under § 522(f)(2)(A), an automobile is not a household good eligible for lien avoidance.

Ramey v. Dominion National Bank (In Re Ramey) · filed 1984-12-13§ 522(f)(2)(A)

Accordingly, this Court holds that the term household goods does not include an automobile.

Under § 522(f)(2)(B), farming equipment qualifies as implements or tools of the trade when it is commonly understood and commonly used in farming.

In Re LaFond · filed 1984-12-20§ 522(f)(2)(B)

Therefore, the equipment does constitute “implements” or “tools of the trade” of the Debtors and Debtors’ lien avoidance motion is not barred on this ground.

Section 522(f)(1) applies only to judicial liens and not to statutory liens.

In Re Piambino · filed 1984-12-27§ 522(f)(1)

Section 522(f)(1) is applicable only to judicial liens and, therefore, is not applicable to a statutory lien.

Section 522(d)(10) allows a debtor to exempt rights to receive local public assistance and other government entitlement benefits from the estate.

Morris v. Philadelphia Electric Co. · filed 1984-12-28§ 522(d)(10)

Specifically enumerated are a debtor’s right to receive local public assistance benefits as well as the right to receive funds from other government entitlement programs.

Section 522(f)(1) permits avoidance of a judicial lien that impairs a valid homestead exemption.

In Re Bland · filed 1984-10-29§ 522(f)(1)

The court finds that BancOhio’s judgment lien impairs the debtors’ valid homestead exemption and may therefore be avoided.

When a state opts out under § 522(b), debtors may avoid liens only on property the state has declared exempt.

Thompson v. Thorp Financial Services · filed 1984-11-30§ 522(b)

when a state has opted out under 11 U.S.C. § 522(b) of the application of the federal exemptions, ‘debtors may avoid liens only on that property which the states have declared to be exempt.’

Because Ohio’s opt-out remained effective, a debtor could not claim the federal exemptions under § 522(d) and had to claim exemptions under Ohio law.

Ledford v. Brown (In Re Brown) · filed 1984-12-12§ 522(d)

the debtor claim his exemptions under applicable Ohio law.

Section 522(f)(2)(B) permits avoidance of a lien on a vehicle that is necessary to the debtor’s insurance-sales work and therefore a tool of trade.

In Re Weinstein · filed 1984-12-31§ 522(f)(2)(B)

Because we conclude that Mr. Weinstein’s use of the vehicle is necessary to carry out his duties as an insurance salesman and that the vehicle is, therefore, a tool of the trade, we will grant the debtors’ motion to avoid the creditor’s lien.

Section 522(f) permits avoidance of an impairing judicial lien regardless of the debtor’s equity position.

Morelock v. All Phase Electric Supply Co. (In Re Morelock) · filed 1985-01-08§ 522(f)

It is well established that a debtor may exercise the authority of 11 U.S.C. § 522(f) regardless of his equity position in that property.

Section 522(b) permits a state to opt out of the federal exemption scheme, and does not require the state’s exemptions to be collected in one statutory scheme.

Hovis v. Wright · filed 1985-01-10§ 522(b)

Section 522(b) of the Federal Bankruptcy Code simply states that federal law shall apply unless state law “specifically does not so authorize;” it does not require a state to gather together all of its exemptions into one statutory scheme.

Section 522(b) limits a Louisiana debtor to exemptions specified by Louisiana law rather than federal exemptions.

In Re Hendrick · filed 1985-01-11§ 522(b)

A debtor in Louisiana is entitled to exemptions specified by Louisiana law and is not entitled to exemptions specified by federal law.

Section 522(b)(2) permits an individual debtor to exempt property exempt under state law at the debtor’s domicile.

In Re Mills · filed 1985-01-16§ 522(b)(2)

That provision permits an individual debtor to exempt from property of the estate property that is exempt under State law at the debtor’s domicile.

Section 522(f)(2) applies to gap-period liens created between enactment and the effective date of the Bankruptcy Reform Act.

United States v. Eakes · filed 1985-01-18§ 522(f)(2)

Congress intended that § 522(f)(2) be applied to avoid “gap liens.”

Section 522(b)(2)(A) does not exempt ERISA-qualified pension plans as property exempt under other federal law.

In Re Alan David Lichstrahl v. Bankers Trust · filed 1985-01-21§ 522(b)(2)(A)

Congress did not intend to exempt such plans under this section.

Section 522(b)(2)(B) permits a debtor to exempt an individual interest in Maryland entireties property when that interest is immune from process.

Sumy v. Schlossberg · filed 1985-01-24§ 522(b)(2)(B)

The debtor may elect to exempt his interest from the estate under Section 522(b)(2)(B) because the individual interest, though not the property itself, is immune under Maryland law from process by any creditor.

Section 522(d)(11)(C) does not exempt the debtor’s life-insurance proceeds from creditors’ claims.

McLemore v. Huffines (In Re Huffines) · filed 1985-01-25§ 522(d)(11)(C)

said funds were liable for the debts of the debtor and that 11 U.S.C. § 522(d)(11)(C) does not exempt the life insurance receipts from the claims of the creditors.

Section 522(f) applies in Chapter 13 proceedings and permits avoidance of liens impairing the debtor’s right to exempt property.

In Re Hall · filed 1985-02-04§ 522(f)

We hold, therefore, that Chapter 13 debtors are entitled to use section 522(f) to avoid liens that impair their right to exempt property.

Section 522(f) operates despite Georgia’s state exemptions and permits avoidance of qualifying liens that impair an exemption.

Hall v. Finance One of Georgia Inc. · filed 1985-02-04§ 522(f)

We hold, therefore, that the Georgia exemptions do not preclude the operation of section 522(f).

Section 522(f)(2)(B) permits lien avoidance for dairy cows because they are specialized tools of the trade of dairy farming.

In Re Cook · filed 1985-02-06§ 522(f)(2)(B)

dairy cows are specialized tools of the trade of dairy farming.

Section 522(b) permits a debtor to claim applicable state-law exemptions, including Mississippi’s homestead exemption in sale proceeds.

In re Williamson · filed 1985-02-06§ 522(b)

he is hereby granted an exemption of the proceeds of the sale of the homestead in the amount of $30,000.00 pursuant to 11 U.S.C. § 522(b) and the laws of the State of Mississippi.

Section 522(f)(2)(B) requires a nonpossessory, nonpurchase-money interest in an implement or tool of the debtor’s trade.

Johnson v. Richardson (In Re Richardson) · filed 1985-02-14§ 522(f)(2)(B)

For purposes of lien avoidance, section 522(f)(2)(B) requires that a nonposses-sory, nonpurchase money interest be in an implement of the trade of the debtor or his dependents.

Section 522(f)(1) applies in Chapter 13 cases and permits avoidance of an impairing judicial lien.

In Re Allred · filed 1985-01-11§ 522(f)(1)

Congress intended § 522(f) to apply in cases under chapter 13 of the Bankruptcy Code.

Section 522(b)(2)(A) uses the state exemptions applicable on the petition-filing date at the debtor’s domicile.

In re Gold · filed 1985-02-07§ 522(b)(2)(A)

It follows, therefore, that the recent Constitutional amendment is not applicable with respect to this debtor’s claimed exemptions in this bankruptcy case and, therefore, the debtor is ordered to surrender forthwith to the trustee all personal property listed by her in Schedule B-2 of her bankruptcy schedules.

Section 522(d)(10)(E) permits the support-necessity determination for future-payment rights to account for future needs, including retirement needs.

In Re Sederstrom · filed 1985-02-15§ 522(d)(10)(E)

those judgments can be made at some future date and need not be limited to a determination of the present needs of the debtor.

A state that opts out of the federal exemptions is not required by subsection (m) to provide a separate state-law exemption to each debtor in a joint case.

In Re Lawrence Granger and Dixie Granger · filed 1985-03-05§§ 522(m), 522(b)(2)(A)

We hold that a state which opts out of § 522(d) and provides its own system of exemptions is not bound by subsection (m) as to those exemptions.

Section 522(h) allows a debtor to avoid an involuntary transfer when the trustee does not act and the debtor could have exempted the recovered property under § 522(g)(1).

In Re Shorts · filed 1985-03-06§§ 522(g)(1), 522(h)

In this case the Trustee has not attempted to avoid the transfer, thus satisfying the requirement of 11 U.S.C. § 522(h)(2). The garnishment was obviously not “voluntary” on the Debtor’s part, and the Debtor did not conceal the property but rather revealed the transaction in his schedules and statement of financial affairs.

Section 522(l) does not make a creditor a party in interest entitled to object when the creditor lacks standing under the circumstances.

In Re Keyworth · filed 1985-03-12§§ 522(b)(1), 522(l)

Likewise, under these circumstances, the Court also finds that Merck is not a “party in interest” entitled to object under 11 U.S.C. § 522(l).

Section 522(f)(2)(A) does not permit avoidance of a lien on property used primarily for commercial purposes, even if the property fits a household-goods or picture category.

First Bank of Catoosa v. Reid · filed 1985-03-12§ 522(f)(2)(A)

We therefore believe that the bankruptcy court did not err in relying on that qualification to find that the paintings were not exempt and the liens not avoidable, although the paintings may have been “household furniture” within the meaning of Okla.Stat. tit. 31, Sec. 1(A)(3) and 11 U.S.C. Sec. 522(f), or “portraits and pictures” within the meaning of Okla.Stat. tit. 31, Sec. 1(A)(7).

Section 522(f)(2)(A) does not permit avoidance of a lien on property used primarily for commercial purposes, even if the property fits a household-goods or picture category.

First Bank of Catoosa v. Reid · filed 1985-03-12§ 522(f)(2)(A)

The legislatures here have expressly provided in both the exemption and lien avoidance statutes that the items which fall within the applicable exemption categories must be “held primarily for ... personal, family or household use.”

Section 522(f)(1) permits avoidance of a judicial lien only when valid state-law lien rights exist and the lien impairs an available exemption.

In Re Carney · filed 1985-03-13§§ 522(d)(1), 522(f)(1)

In order to avoid a judicial lien on the basis that it impairs a debtor’s exemption, the debtor must show that he has exemption rights which are impaired by the existence of valid judicial liens.

Section 522(f)(1) allows avoidance of a judgment lien only to the extent that it impairs the debtor’s available homestead exemption.

Palmquist v. Tafoya (In Re Palmquist) · filed 1985-03-18§ 522(f)(1)

Consequently, the defendants’ lien impairs an exemption, only up to $7,500, to which the debtor would have been entitled. Any of the debtor’s equity over and above the $7,500 exemption may not be insulated by Section 522(f).

A Chapter 13 debtor may use § 522(h) to exercise avoidance powers that the trustee does not use against an involuntary transfer of exemptable property.

In Re Ridley · filed 1985-03-19§ 522(h)

Section 522(h) allows a debtor to use certain avoidance powers when a trustee fails to avoid an involuntary transfer of property which the debtor could exempt.

Section 522(h) provides a Chapter 13 debtor standing to avoid a fraudulent transfer when the transfer is involuntary, exemptable, and the trustee does not attempt avoidance.

Willis v. Borg-Warner Acceptance Corp. (In Re Willis) · filed 1985-03-21§ 522(h)

Finding that the foreclosure sale constituted a transfer made within one year of the filing of the petition for a less than reasonably equivalent value and that such transfer rendered the Debtors insolvent, this court concludes that the transfer was avoidable under section 548 and that the Debtors have satisfied all of the section 522(h) requirements for standing to bring the instant action.

A mortgage is a consensual lien and cannot be avoided under § 522(f), which addresses judicial liens and specified security interests.

In Re Endlich · filed 1985-03-22§ 522(f)

522(f) does not deal with consensual liens. A mortgage is a consensual lien and may not be avoided under Section 522(f).

Section 522(l) and Rule 4003 require objections to claimed exemptions within the applicable period, or the objection is waived.

Dembs v. Dembs · filed 1985-03-22§ 522(l)

The clear import of the new rule and of section 522(l) is that objections to claimed exemptions must be made within thirty days after the creditors’ meeting or any amendment, or they are waived.

A creditor asserting laches bears the burden of proving inexcusable delay and prejudice in a post-discharge § 522(f) proceeding.

Hassler v. Assimos · filed 1985-03-29§ 522(f)

Because there is no express statutory limitation period that bars lien avoidance proceedings brought under § 522(f), ... the burden of establishing both inexcusable delay and prejudice was on the judgment creditor.

Section 522(m) permits each debtor in a joint case to use the exemption statutes independently of the spouse’s choices.

In Re Reisnour · filed 1985-03-28§ 522(m)

Section 522(m) contemplates that the exemption statutes are to be utilized by a debtor independent of the choices his spouse makes.

Section 522(d)(1) does not apply retroactively to a judgment lien predating the federal exemption when state law has no counterpart.

Savitz v. Ciccotelli · filed 1985-03-29§ 522(d)(1)

We will not give retroactive effect to a Federal exemption that has no State counterpart.

Section 522(b)(2)(A) fixes the exemption law at the petition date, while in an involuntary case the property subject to exemption is determined at the order-for-relief date.

Wilson v. Davis (In Re Wilson) · filed 1985-04-09§ 522(b)(2)(A)

However, while Section 522(b)(2)(A) does provide that the debtor may exempt from property of the estate any property that is exempt under federal law or state law that is applicable on the date of the filing of the petition, this section can be read to fix the law controlling the exemptions not to fix the property subject to these exemptions at the time of the filing of the petition.

Section 522(f)(2) permits avoidance of a nonpossessory, nonpurchase-money lien on tools of the debtor’s trade.

In Re Oetinger · filed 1985-04-16§ 522(f)(2)

Under 11 U.S.C. § 522(f)(2) a debtor may avoid the fixing of a nonpossessory, non-purchase money lien that impairs an exemption to which the debtor is entitled, such as tools of his or her trade.

Section 522(b) allows an individual debtor to claim certain property as exempt from the bankruptcy estate.

Kretzer v. DFW Federal Credit Union (In Re Kretzer) · filed 1985-04-19§ 522(b)

An individual debtor may then claim certain property as exempt from the bankruptcy estate. 11 U.S.C. § 522(b).

Section 522(f)(2)(B) permits avoidance of a lien on farm implements when the stipulated equipment is used in the debtors’ farming operation.

Kight v. United States (In Re Kight) · filed 1985-04-30§ 522(f)(2)(B)

We could not rule they were not implements and tools of the debtors’ trade without contradicting the stipulations or holding the farming business does not constitute a trade.

Section 522(f)(1) permits avoidance of a judicial lien impairing an exemption available under § 522(b)(2)(A), notwithstanding a conflicting state-law priority rule.

Hershey v. Linzer (In Re Hershey) · filed 1985-03-30§§ 522(f)(1), 522(b)(2)(A)

Despite the fact that appellee’s lien has priority over the homestead exemption under Florida law, this court finds that the lien may be avoided under 11 U.S.C. § 522(f)(1) because of the supremacy clause of the Constitution of the United States.

Section 522(i) permits a debtor to recover property through an avoidance action only when the transfer is avoidable by the trustee, the property is exemptable, and the trustee has not acted.

In Re Grandee · filed 1985-06-24§§ 522(h), 522(i)

Section 522(i), ... in turn, permits a debtor to recover property where a transfer is avoidable under § 544, if the property constitutes exempt property under relevant law and the trustee has not avoided the transfer.

Section 522(b) removes exempt property from the bankruptcy estate and returns it to the debtor, subject to the applicable exemption limits.

In Re Beck · filed 1985-06-28§ 522(b)

Exercise by a debtor of his rights under Section 522(b) to exempt certain property operates to extract from the estate the exempted proper ... ty and return it to the debtor for his “fresh start.”

Section 522(f)(1) permits avoidance of a judicial lien only when valid judicial liens impair an available exemption.

In Re Princiotta · filed 1985-05-06§§ 522(f)(1), 522(d)(1)

In order to avoid a judicial lien on the basis that it impairs a debtor’s exemption, the debtor must show that he has exemption rights which are impaired by the existence of valid judicial liens.

Section 522(f)(2) does not preserve lien avoidance when the debtor abandons the Chapter 13 plan through which the avoidance was sought.

In Re Shaffer · filed 1985-05-08§ 522(f)(2)

In applying these principles to the present case, the court finds that the liens have not been avoided.

Section 522(b)(2)(B) does not exempt sale proceeds in which the debtor had no legal interest immediately before bankruptcy.

Jones v. Hertzberg · filed 1985-05-10§ 522(b)(2)(B)

Clearly, Robert Jones cannot claim an exemption to funds over which he has no rights.

Section 522(d)(10)(E) exempts retirement-plan funds only to the extent reasonably necessary for the debtor’s and dependents’ support.

In Re Montavon · filed 1985-05-17§ 522(d)(10)(E)

In the instant case, the Court concludes that the balances in Debtors’ IRAs not exemptible under § 522(d)(5) are not reasonably necessary for Debtors’ and their dependent children’s support.

Section 522(d)(10)(E) concerns employment benefits that are estate property, while § 541(c)(2) separately excludes benefits subject to enforceable transfer restrictions.

McLean v. Central States, Southeast & Southwest Areas Pension Fund · filed 1985-05-24§ 522(d)(10)(E)

Section 541(c)(2) is simply a more narrowly focussed provision that excludes from estate property some, but not all, of the employment benefits which, if included in estate property, might then be subject to exemption by the debtor under Sec. 522(d)(10)(E).

Section 522(f) does not allow lien avoidance based on an unconstitutional challenge to Ohio’s valid exemption opt-out statute.

Millis v. Household Finance Corp. (In re Millis) · filed 1985-05-29§ 522(f)

Debtors’ argument that they may avoid creditor’s lien pursuant to 11 U.S.C. § 522(f) because the Ohio exemption statute is unconstitutional and therefore ineffective is not well taken.

Section 522(b)(2)(B) permits exemption of an entireties interest only to the extent that applicable nonbankruptcy law exempts that interest from process.

In Re Anselmi · filed 1985-06-05§ 522(b)(2)(B)

subparagraph (B) of § 522(b)(2) permits the exemption of “any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law.”

Section 522(f) permits lien avoidance only for property that is exempt under state law and falls within a listed § 522(f)(2) category.

In Re Newbury · filed 1985-06-10§§ 522(b), 522(f)(2)(A), 522(f)(2)(B)

In this case liens can be avoided only on items which are exempt by Kansas law and which also are named in § 522(f)(2), enumerated as follows.

Section 522(f)(1) cannot avoid a judicial lien that has expired and no longer exists.

Ward v. Equibank (In re Ward) · filed 1985-06-12§ 522(f)(1)

there is, therefore, no judicial lien before the court that is subject to avoidance under the provisions of 11 U.S.C. § 522(f)(1).

Section 522(f) measures lien impairment using the property’s value on the petition date.

Matter of Grube · filed 1985-06-19§ 522(f)(1)

The Court finds that the relevant date to consider for the purpose of § 522[f] is February 18, 1982, when the Ridgewood property had a current market value of $201,000, as evidenced by the appraisal report of Dean Cole.

Section 522 does not exempt a pension-plan interest that is not enforceable as a spendthrift trust under state law.

In Re Mumm · filed 1985-06-26§ 522

The debtor’s interest in the Plan, not being enforceable under state law as a spendthrift trust, is not excluded from the debtor’s bankruptcy and not exempt property.