11 U.S.C. § 522

Section 522(f)(1)(A) permits avoidance of a judicial lien only to the extent it impairs an exemption, and § 522(f)(2)(A) does not allow a later junior mortgage to erase an earlier judicial lien; the liens’ prepetition priority remains relevant when calculating the avoidable amount.

In Re Kolich · filed 2001-06-27(f)(1)(A), (f)(2)(A)

Since there is no other Code section that allows a Court to ignore the relative priority prepetition position of liens, I find it would be an absurd result to construe section 522(f)(2)(A) to allow a debtor to erase an otherwise unavoidable judicial lien by taking out a junior mortgage.

Section 522(f)(1)(A) permits a debtor to avoid any judicial lien, including a voluntary or consensual confession-of-judgment lien, to the extent it impairs an exemption, and § 522(f)(2)(A) measures impairment by adding the lien, all other liens, and the exemption and comparing that sum with the property's value.

In Re Higgins · filed 2001-10-30(f)(1)(A), (f)(2)(A)

The law is clear that a confession of judgment is a judgment which when duly recorded, creates a judicial lien. ... But unlike Section 522(g)(1)(A), where the test is whether the transfer was voluntary, nothing in Section 522(f)(1)(A) discriminates between a judicial lien that is voluntary and one that is not voluntary. On its face, this Section applies to any judicial lien, whether voluntary or not, and it is not for the Court to exclude consensual or voluntary judicial liens from Section 522(f)(1)(A) when Congress did not do so. ... Congress amended the Bankruptcy Code to include a simple arithmetic test to utilize in calculating when a lien impairs an exemption under Section 522(f)(1). ... Both parties however, have neglected to include the Erickson Mortgage as a second mortgage on the property that must be calculated under subsection 522(f)(2)(A)(ii), as part of "all other liens." When the Erickson Mortgage is added the formula results in a substantial impairment of the Higginses' exemption, and therefore the judicial lien must be entirely avoided.

Section 522(f)(1) lets a debtor avoid a judicial lien fixed on the debtor's property to the extent it impairs an exemption.

Rodriguez v. First American Bank (In Re Rodriguez) · filed 2002-05-29(f)(1)

Section 522(f) permits a debtor to avoid a judicial lien: “[T]he debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section.” 11 U.S.C. § 522(f)(1) (2001); ... The Fifth Circuit has recognized that the following three elements must be met in order for the debtor to avoid a judicial lien: (1) the hen must be a judicial lien; (2) the lien is fixed against an interest of the debtor in property; and (3) the lien impairs an exemption to which the debtor would otherwise be entitled.

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien only to the extent it impairs an exemption in otherwise exempt property.

Maloni v. Fairway Wholesale Corp. (In Re Maloni) · filed 2002-09-05(f)(1)(A)

The avoiding power is limited to the extent the lien impairs the claimed exemption.

Section 522(f)(2)(A) determines impairment by adding the judicial lien, other liens, and the exemption amount and comparing that sum with the debtor's unencumbered interest; the excess is avoidable.

In Re Detko · filed 2003-02-11(f)(2)(A)

If the sum of the lien in question plus all other liens on the property, plus the amount of the exemption the debtor could claim if there were no hens on the property, exceeds the value that the Debt- or’s interest in the property would have in the absence of any liens, the hen shall be considered to impair the exemption, and be subject to avoidance.

Section 522(f)(1)(A) permits lien avoidance when the lien is judicial, the debtor claimed an exemption, the lien impairs it, and the debtor has an interest in the property.

In Re Flank · filed 2003-02-13(f)(1)(A)

This section permits a debtor to avoid a lien if four requirements are met: (1) the lien is a judicial lien; (2) the debtor has claimed an exemption in the property under Section 522; (3) the lien impairs the exemption; and (4) the debtor has an interest in the property.

Section 522(f)(1)(A) does not permit avoidance of a judicial lien that does not impair the debtor's homestead exemption.

In Re Estad · filed 2003-06-23(f)(1)(A)

the lien is not avoidable under 11 U.S.C. § 522(f)(1)(A).

Section 522(f)(1) does not permit avoidance when the property’s unencumbered value exceeds the judicial lien plus the exemption amount.

Conner v. Wrobel (In Re Conner) · filed 2003-11-06(f)(1)

Debtors’ motion to avoid respondents’ judicial lien consequently must be denied.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent that it impairs an exemption.

In Re James · filed 2004-01-30(f)(1)(A)

Therefore, this Court concludes that the NJ MVC holds judicial liens, permitting the Debtors to avoid the liens to the extent that they impair the Debtors’ exemptions.

Section 522(f)(1) permits a debtor to avoid a judicial lien impairing an exemption only when the debtor has an interest in the property and the property is eligible for an exemption; property transferred before bankruptcy and not part of the estate cannot support avoidance.

In Re Sbriglio · filed 2004-03-01(f)(1)

Having transferred title to the residence prepetition to the daughter, the debtors retained no ownership interest in the residence on the date of their bankruptcy petition. Title to the residence on that date was in the daughter, subject to Gnesi Co.’s attachment. In short, the residence, as of the bankruptcy petition date, was not property of the debtors, never became property of the debtors’ joint bankruptcy estate, cannot be exempted under § 522(b), and Gnesi Co.’s attachment cannot be avoided pursuant to § 522(f)(1).

Section 522(f)(1) allows a debtor to avoid a judicial lien to the extent the lien impairs an exemption to which the debtor would have been entitled.

In Re Howard · filed 2004-04-06(f)(1)

Because the lien was in existence when the Debtors filed for bankruptcy, it is subject to § 522(f). Because it does impair an exemption to which Julie Howard would have been entitled-the Debtors’ Schedule C shows that she had enough unapplied value under the “pour-over” exemption of § 522(d)(5) to cover the funds — the Debtors’ motion must be granted.

Section 522(f)(1) allows a debtor to avoid a judicial lien only to the extent that the lien impairs an exemption to which the debtor would have been entitled.

Floyd v. Travelers Property Casualty Co. (In Re Floyd) · filed 2004-04-14(f)(1)

Under Section 522(f)(1), a debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled, if such hen is a judicial lien that secures a debt other than a debt for maintenance, alimony or support. 11 U.S.C. § 522(f)(1). ... The Court finds and concludes that in these circumstances, the Debtors have failed to show that the Travelers’ judicial lien impairs any exemption to which the Debtors are entitled.

Section 522(f) requires multiple judicial liens to be considered for avoidance in reverse order of priority, excluding an avoided lien from later impairment calculations.

Jochum v. Concord Capital, L.L.C. (In Re Jochum) · filed 2004-04-28(f)(1)(A), (f)(2)(A), (f)(2)(B)

A plain reading of the Bankruptcy Code supports Concord’s position. The language of Subsection 522(f)(1)(A) authorizes the avoidance of one judicial lien at a time, and Subsection 522(f)(2)(B) expressly excludes prior avoided liens from the calculations in the formula provided in Subsection 522(f)(2)(A). Therefore, under Section 522(f)(1), the judicial lien that is to be considered first in the multiple lien avoidance process is the judicial lien that is positioned at the lowest priority among the judicial liens. In the matter being considered here, Portfolio is positioned as the holder of the lowest priority judicial lien.

Section 522(f) avoids a lien only to the extent it impairs an exemption, leaving the lien valid as to nonexempt property.

U. S. Life Credit Corp. v. Steinart (In Re Steinart) · filed 1980-06-02(f)

However, since the statute refers only to the avoidance of a lien “on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b)” of section 522, the chattel mortgage is still valid as to nonexempt property.

Section 522(f) allows a debtor to avoid judicial liens to the extent that the liens impair the debtor's exemptions.

Maloney v. First Eastern Bank (In re Maloney) · filed 1982-09-27(f)

Section 522(f) allows the debtors to avoid judicial liens to the extent that the liens impair the debtors’ exemptions. Since the difference between the value of the home and the principal indebtedness on the first mortgage is less than the amount that the debtors collectively claim as exemptions in the property, the judicial liens which encumber the property are avoided.

Section 522(f)(1) permits avoidance of a judicial lien on exempt property to the extent the lien impairs the exemption.

Matter of Jaxtheimer · filed 1984-01-27(f)(1)

The lien rights arising from the Final Judgment arise solely by virtue of the terms of the judgment and the recordation thereof.

Section 522(f)(1) permits a debtor to avoid a judicial lien to the extent it impairs an exemption to which the debtor would have been entitled.

Coffman v. Coffman (In Re Coffman) · filed 1985-08-28(f)(1)

The court concludes that the circuit court award impairs an exemption to which the debtor would have been entitled and therefore the lien will be avoided by separate order.

Section 522(f)(1) permits a debtor to avoid a judicial lien that fixes on the debtor's interest in wages after the debtor acquires that interest and impairs an exemption.

In Re Garcia · filed 1993-01-11(f)(1)

A wage deduction lien, however, cannot attach until after the debtor has acquired an interest in the wages by earning them. Accordingly, the Court finds that there is a “fixing of a lien on an interest of the debtor” as required by § 522(f)(1). The Debtors claim that property as exempt and those exemptions would be impaired if the liens were not avoided. The Debtors’ motions to avoid the liens under § 522(f)(1) and for turnover of the funds withheld by their respective employer pursuant to the wage deduction proceedings are, therefore, granted.

Section 522(f)(1) does not let a debtor avoid a divorce-decree lien when the debtor never held an interest in the property before the lien attached; the lien must attach to a preexisting interest.

In Re Frances L. Larson, Debtor. Frances L. Larson v. Larson · filed 1993-07-26(f)(1)

To avoid a lien pursuant to § 522(f)(1), a debtor must possess "an interest to which a lien attached, before it attached, to avoid the fixing of the lien on that interest." Farrey v. Sanderfoot, 111 S.Ct. 1825, 1831 (1991) (emphasis added). ... The decree granted Mrs. Larson an interest different from what she had held before the rendering of the decree. Therefore, Mrs. Larson never possessed an interest to which Mr. Larson's lien attached, before it attached, and § 522(f)(1) does not apply. Our decision is consistent with the language of § 522(f)(1) and its intended purpose. ... Under these circumstances, Mrs. Larson may not avoid Mr. Larson's lien pursuant to § 522(f)(1).

Section 522(f)(1) permits avoidance of a judicial lien only to the extent it impairs an exemption the debtor would have been entitled to under § 522(b) absent the lien, and a creditor may litigate that entitlement in the lien-avoidance proceeding even if the exemption was deemed allowed under § 522(l).

In Re Streeper · filed 1993-08-10(f)(1)

The court agrees with the Montgomery analysis that a creditor may raise exemption issues in a lien avoidance motion under § 522(f)(1) to litigate whether the debtor would have been entitled to the exemption under § 522(b), even if the property at issue has been deemed exempt under § 522(1).

Section 522(f)(1)(A) permits a debtor to avoid an impairing judicial lien, with impairment calculated under § 522(f)(2)(A) using the debtor’s share of equity and exemption.

Schupp v. Bearson (In re Schupp) · filed 2004-01-15(f)(1)(A), (f)(2)(A)

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien to the extent it impairs a debtor’s exemption. ... Then, the mathematical formula provided in 11 U.S.C. § 522(f)(2)(A) is applied to debtor’s one half equity interest. ... Therefore, the judicial lien of Respondent impairs Debt- or’s exemption and is avoidable pursuant to 11 U.S.C. § 522(f)(1)(A) and O.C.G.A. § 44-13-100(a)(l).

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien only to the extent it impairs an exemption in an interest of the debtor in property; a debtor who did not own the property when filing bankruptcy cannot avoid the lien under this provision.

In re: Donald Harman v. · filed 2005-07-12(f)(1)(A)

Under § 522(f)(1)(A), a debtor may avoid the fixing of a judicial lien on “an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled” (emphasis added). Because Harman did not own the property at the time of his bankruptcy, the lien did not impair any exemptible interest of Harman, and thus, he could not have avoided the judgment lien in his case.

Section 522(f) permits avoidance of a judicial lien that impairs exempt equity, but only to the extent of the impairment, leaving the non-exempt equity subject to the lien.

In Re Hadsell · filed 2005-07-15(f)

That judicial lien would, however, be subject to § 522(f), and must be reduced to the sum of $2,672.50.

Section 522(f)(1) permits a debtor to avoid a judicial lien only to the extent that it impairs an allowable exemption; once the $75,000 exemption was satisfied, the remaining lien was not avoidable.

In Re Sweitzer · filed 2005-10-13(f)(1)

Consequently, Liner’s lien should only be avoided insofar as it impairs a $75,000 exemption, not a $150,000 one.

Section 522(f)(1) permits a debtor to avoid a judicial lien to the extent it impairs the debtor’s homestead exemption.

In Re Beaumont · filed 2006-02-28(f)(1)

In this case, obtaining the judgment was not merely a ministerial act. The parties litigated certain contested issues in court, and a judgment was subsequently entered. The lien obtained by Creditor required judicial action, and thus is judicial in nature. A statutory lien arose in favor of the State of Oklahoma, and was extinguished upon payment on June 13, 2001. As a result, the lien should be avoided to the extent that the lien impairs the Debtor’s homestead exemption.

Section 522(f)(2) requires calculating impairment by adding the judicial lien, other liens, and the exemption amount and comparing that total with the property's unencumbered value; when the total exceeds that value, the entire judicial lien may be avoided.

Saal v. Helping People Succeed, Inc. (In Re Saal) · filed 2006-03-01(f)(2)

For the reasons set forth herein, the Court concludes that a debtor can avoid the entire lien that only, in part, impairs the exemption in accordance with the formula set forth in 11 U.S.C. § 522(f)(2).

Section 522(f) permits a debtor to avoid a judicial lien that impairs an exemption, including a homestead exemption, even when state law prohibits forced sale of the property.

In re Lawson · filed 2006-04-17(f)

Under the Bankruptcy Code, a judicial lien may be avoided if it impairs the debtor’s exempt property pursuant to § 522(f). A judgment lien impairs a debt- or’s Oklahoma homestead exemption and can therefore be avoided under § 522(f) even though the state law prohibits the forced sale of the property.

Section 522(f) allows a debtor to avoid a judicial lien on exempt property only when the lien is fixed against the debtor’s interest and impairs an exemption; it does not permit avoidance of an ownership interest.

In Re Anderson · filed 2006-04-18(f)

Section 522(f) of the Bankruptcy Code allows a debtor to avoid a lien on exempt property if that debtor can show that (1) the lien is a judicial lien; (2) the lien is fixed against an interest of the debtor in property; and (3) the lien impairs an exemption to which the debtor would otherwise be entitled. ... Accordingly, the Debtor may not utilize § 522(f) to avoid the Respondent’s ownership interest in her exempt property simply because the ownership interest arises out of a judgment. Section 522(f) covers liens, not ownership interests.

Section 522(f)(1) permits a debtor to avoid a judicial lien impairing a homestead exemption even when the lien was recorded before the debtor acquired the property, unless the lien was created in conjunction with acquiring the property interest.

In Re Pacheco · filed 2006-05-23(f)(1)

But where, as here, the simultaneous nature of the fixing of the lien is simply the result of the fact that the debtor owned no property at the time the creditor recorded its judgment lien, the Court finds that the debtor should be allowed to claim a homestead exemption in such property and employ 11 U.S.C. § 522(f) to avoid the judicial lien.

Section 522(f) permits a debtor to avoid a judicial lien that impairs an exemption, measured using the statutory lien-and-exemption calculation, while nonavoidable statutory tax liens remain in that calculation.

Loanstar Mortgage Services, LLC. v. Salven (In Re Cox) · filed 2006-08-17(f)(1), (f)(2)(A)

The Debtors are correct that exemption rights and lien avoidance rights are determined as of the date the bankruptcy petition was filed. ... The point of a § 522(f) motion is to determine which judicial liens can be retrospectively unfastened. “Under § 522(f)(1), a debtor may avoid a lien if three conditions are met: (1) there was a fixing of a lien on an interest of the debtor in property; (2) such lien impairs an exemption to which the debtor would have been entitled; and (3) such lien is a judicial lien.” ... The fact that the FTB has defaulted is not relevant to the § 522(f) inquiry about the fixing of SIRE’s judicial lien. ... The EDD and FTB tax liens are not judicial liens subject to avoidance under § 522(f). As such they are included in the calculation of § 522(f). Section 522(f)(2)® and (ii) require a nonavoidable lien to be included in the calculation even if it is junior to the lien in question.

Section 522(f)(1)(A) cannot be used to remove the appearance of a judgment lien when, under applicable state law, recording the judgment could not create a lien against the debtor's homestead.

In re Pearlstein · filed 2006-08-17(f)(1)(A)

However, the filing in this Court of a motion to avoid or remove a “judgment lien”, pursuant to 11 U.S.C. § 522(f)(1)(A), against a homestead as to which the recording of a certified copy of such judgment could not, as a matter of law, create a lien, cannot be employed in an attempt to remove any appearance that a so-called “judgment lien” is “valid or effectual.”

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien that impairs a homestead exemption, and § 522(f)(2) measures impairment by comparing the lien, other unavoidable liens, and the exemption with the value of the property without liens.

In Re Meeks · filed 2006-08-24(f)(1)(A), (f)(2)

Pursuant to § 522(f)(2), a judicial lien impairs a debtor’s homestead exemption to the extent that the sum of the judicial lien, other non-avoidable liens, and the available exemption, “exceeds the value that the debtor’s interest in the property would have in the absence of any liens.” ... To prevail on a motion to avoid a judicial lien, the debtor must show that (1) he has an interest in the homestead property; (2) he is entitled to a homestead exemption; (3) the asserted lien impairs that exemption; and (4) the lien is a judicial lien. 11 U.S.C. § 522(f)(1)(A); ... As the moving party, the debtor carries the burden of proof on all factors.

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien on an interest in property to the extent the lien impairs an exemption to which the debtor would have been entitled.

In Re Moreno · filed 2006-09-20(f)(1)(A)

For reasons described below, because Illinois law provides exemption of property owned in tenancy by the entirety and because Aetna did not satisfy its burden of proving that the transfer of the Lorel Property into tenants by the entirety was made with the sole intent to avoid the payment of debts, Aetna’s judgment lien on Debtor’s residence may be avoided under 11 U.S.C. § 522(f)(1)(A).

Section 522(f) permits avoidance of a lien impairing an exemption, but not a judgment lien that attached simultaneously when the debtor acquired the property.

In Re Bromstead · filed 2006-11-17(f)

Section 522(f) provides generally that a debtor “may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption.” ... Thus, such pre-acquisition judgments are not the type of liens whose affixation may be avoided for purposes of section 522(f).

Section 522(f)(2)(A) treats a judicial lien as impairing an exemption when the lien, other liens, and available exemption exceed the property's unencumbered value, allowing avoidance under § 522(f)(1)(A).

Thigpen v. Cadle Co. (In Re Thigpen) · filed 2007-06-07(f)(1)(A), (f)(2)(A)

A lien impairs an exemption to the extent that the sum of the following exceeds the value that the debtor’s interest in the property would have in the absence of any liens: (i) the lien at issue; (ii) all other liens on the property; and (iii) the amount of the exemption that a debtor could claim if there were no liens on the property. 11 U.S.C. § 522(f)(2)(A). This provision was intended to provide a simple arithmetic test to determine whether a judicial lien impairs an exemption. ... It is clear that the sum of these three amounts ($71,036.26) exceeds the value that the Debtors’ interest in the Property would have had in the absence of any liens ($23,999.19). Under Section 522(f)(2), the Lien impairs the Debtors’ claimed exemptions in the Property. Because the Lien impairs the Debtors’ exemptions, Section 522(f)(1)(A) permits the Debtors to avoid the Lien.

Section 522(f)(1) allows a debtor to avoid a judicial lien only to the extent that it impairs an exemption to which the debtor would have been entitled.

In Re Millsaps · filed 2007-06-14(f)(1)

The Property was not protected from a forced tax sale or judgment liens arising from the nonpayment of taxes pursuant to Article X, section 4 of the Florida Constitution. Section 522(f)(1) is inapplicable since the Judgment lien does not impair an exemption to which the Debtor would have been entitled.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent that it impairs an exemption to which the debtor would otherwise be entitled.

Bank of Cushing v. Vaughan (In Re Vaughan) · filed 2007-06-27(f)(1)

The Bank first argues that its lien was a consensual lien and not a “judicial lien” that could be avoided under 11 U.S.C § 522(f)(1)(A). ... In its fifth point, the Bank argues that the fixing of a lien to an Oklahoma homestead does not “impair” the homestead exemption under § 522(f)(1). ... With the above standards in mind, we deny the B ank’s first, second, fifth, and sixth points on appeal for substantially the reasons set forth in the BAP’s July 7, 2004, opinion.

Section 522(f)(1) permits a debtor to avoid a judicial lien only to the extent that it impairs an exemption to which the debtor would have been entitled.

Rand v. United Auto Group, Inc. (In Re Rand) · filed 2008-12-19(f)(1)

Code § 522(f)(1) allows a debtor to “avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled.” ... Porsche’s recorded judgment does not constitute a hen on the debtors’ real property claimed as a homestead. Because it is not a hen at all, it is not a hen that impairs the debtors’ homestead that can be avoided pursuant to Code § 522(f). The debtors’ motion to avoid this nonexistent hen is therefore denied.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien only to the extent that it impairs an exemption, but does not permit avoidance of a statutory lien.

In Re Newton · filed 2009-03-20(f)(1)(A)

The plain language of the statute sets forth two pre-requisites for the imposition of a lien: 1) a claim must be filed; and 2) the executive director must ascertain whether the employer, or any other applicable person against whom the claim is filed, has secured payment by either insurance coverage or qualifying as a self-insurer. After the claim is filed and the determination made, the executive director can record the certificate which constitutes a lien. Simply stated, this administrative action by the director does not constitute a judicial or quasi-judicial process. ... The fact that a judicial process may be involved after the recordation of the certificate/lien, does not transform this lien from a statutory lien to a judicial lien. ... No judicial action was needed before the lien could be recorded, and thus, this is a statutory liens and not a judicial lien subject to lien avoidance.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent it impairs an exemption.

In Re Steele · filed 2009-03-25(f)(1)(A)

As of November 20, 2001, the lien was valued at approximately $53,216. The Debtors claimed a $10,000 exemption in the Property and the Property had a $201,000 mortgage at the time of the Petition filing. The Court finds that the value of the Property in 2001 at the time of the filing was approximately $214,250. Pursuant to 11 U.S.C. § 522(f), the lien is avoided.

Section 522(f)(1) does not permit avoidance of an equitable lien that recognizes another party’s superior equitable title and does not improperly impair the debtor’s exemption.

Gamble-Ledbetter v. Andra Group, L.P. · filed 2009-10-27(f)(1)

it is certainly true that the imposition of the equitable lien under these circumstances simply recognizes the superior equitable title which vested in Andra under Texas law when its money was fraudulently used by the Debtor to pay for a portion of her home mortgage and it does not constitute an improper impairment of any exemption right of the Debtor.

Section 522(f) permits a debtor to avoid a judicial lien only to the extent it impairs an exemption, and § 522(f)(2)(A) supplies the formula for measuring that impairment.

Premier Capital, Inc. v. Pagnini (In Re Pagnini) · filed 2010-07-23(f)(2)(A)

The Debtor may avoid Premier’s lien only to the extent it impairs her exemption in her one-half interest in the Property. ... Section 522(f)(2)(A) establishes a formula for determining whether a lien impairs an exemption: ... The sum of the liens and the amount of the exemption the Debtor could claim if there were no liens exceeded the value of the Debtor’s interest in the Property in the absence of liens. ... The Bankruptcy Court, therefore, did not err in concluding that the Debtor may avoid Premier’s lien in its entirety.

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien on exempt property to the extent the lien impairs the exemption, including when the debtor later becomes the sole owner of property formerly held as community property.

White v. Commercial Bank and Trust Co. · filed 2012-05-31(f)(1)(A)

we agree with the BAP that Debtors could avoid the lien, see 11 U.S.C. § 522(f)(1)(A) (debtor may avoid fixing of judicial lien on interest of debtor in property to extent such lien impairs exemption to which debtor would have been entitled); see also In re Stoneking, 225 B.R. 690, 695 (B.A.P. 9th Cir. 1998) (if debtor could have avoided lien on community property before acquiring sole ownership, debtor should not lose right to avoid same lien after acquiring sole ownership, otherwise, judgment creditor whose debtor happens to obtain divorce after lien is affixed to community property is fortuitously excluded from scope of § 522(f)(1), while creditor whose debtor remains married is subject to having its lien avoided under that section, and there is no basis in § 522(f)(1) for such distinction); cf. Farrey v. Sanderfoot, 500 U.S. 291, 301 (1991) (holding that § 522(f)(1) “requires a debtor to have possessed an interest to which a lien attached, before it attached, to avoid the fixing of the lien on that interest”).

Section 522(f)(2)(A) determines whether a judicial lien impairs an exemption by adding the lien, other liens, and the exemption amount, then comparing that sum with the property value absent liens.

In re Younoszai · filed 2012-08-07(f)(2)(A)

Under 11 U.S.C. § 522(f), a judgment is considered to impair an exemption to the extent that the sum of (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property, exceeds the value that the debt- or’s interest in the property would have in the absence of any liens.

Section 522(f) does not require proof of equity in the homestead before a debtor may avoid a judicial lien; impairment is measured under the statutory formula.

In re Patterson · filed 2012-11-13(f)

Second, the Debtor need not prove he has equity in his homestead property in order to avoid Merchants’ lien against this property under § 522(f).

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien to the extent it impairs an exemption, with impairment calculated under § 522(f)(2)(A).

In re Mead · filed 2013-03-29(f)(1)(A), (f)(2)(A)

Because this amount equals the amount of the Creditor’s lien, the lien is avoidable in its entirety.

Section 522(f)(1)(B) permits a debtor to avoid a nonpossessory, nonpurchase-money security interest in specified household or trade goods only to the extent it impairs an exemption.

In re Chastagner · filed 2013-08-08(f)(1)(B)

Section 522(f) cannot be utilized by Debtor as it only avoids “the fixing of lien of the interest of a debtor in property” ... if the lien is a nonpossessory, nonpur-chase money lien. 11 U.S.C. § 522(f)(1)(B). ... Because Debtor failed to redeem the Truck within the allotted time, Titlemax’s lien has been automatically exchanged for fully vested ownership rights and therefore is not subject to avoidance under section 522(f).

Section 522(f)(1)(A) permits avoidance of a judicial lien to the extent it impairs an exemption, and § 522(f)(2)(A) determines impairment by comparing the lien, other liens, and exemption amount with the debtor’s unencumbered property interest; § 522(a)(2) sets the property value as of the petition date.

In re Benbow · filed 2013-08-27(a)(2), (f)(1)(A), (f)(2)(A)

Stoorman’s judgment hen is a judicial lien, as that term is used in 11 U.S.C. § 522(f)(1)(A). As such, it is avoidable to the extent that the lien impairs an exemption to which the Debtor is entitled. After performing the calculation required by § 522(f)(2)(A), the Court finds that Stoor-man’s judgment lien is avoided in its entirety.

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien only when it impairs an exemption; a lien does not impair the exemption when the debtor’s remaining equity exceeds the exemption and the lien.

Andrews v. Adcock (In re Andrews) · filed 2013-09-17(f)(1)(A)

As applicable here, § 522(f)(1)(A) permits the avoidance of a judicial lien that impairs a debtor’s exemption in property. ... With regard to the Real Property, however, the lien does not impair the Debtor’s exemption because, even after the exemption, the Debtor has equity in the Real Property that exceeds the sum of the amounts of debtor’s exemption and the lien. Thus, § 522(f) does not permit the Debtor to avoid any lien that the Creditor has on the Real Property.

Section 522(f)(1) permits avoidance of a lien impairing an exemption only when the lien is a judicial lien or one of the specified nonpossessory, non-purchase-money security interests; a bank's security interest in a vehicle does not qualify.

Goben v. Corydon State Bank · filed 2013-09-23(f)(1)

Nothing in the record suggests, even remotely, that the Bank’s interest in the Vehicle qualifies under any category enumerated in § 522(f)(1).

Section 522(f)(1)(A) permits avoidance of a judicial lien to the extent it impairs an exemption, § 522(f)(2)(A) defines impairment by the specified liens and exemption amount exceeding the property's unencumbered value, and § 522(d) provides the federal residence exemption.

In re Ballinger · filed 2013-11-25(d), (f)(1)(A), (f)(2)(A)

11 U.S.C. § 522(f)(1)(A) provides that a debtor, “may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption ... if such a lien is a judicial lien, other than a judicial lien that secures a debt of a kind that is specified in section 582(a)(5).” ... In order to avoid a lien, three conditions have to be met: (1) the lien must be a judicial lien; (2) the lien must fix on an interest of the debtor in property; (3) the lien must impair an exemption of the debtor. ... Therefore, subsequent to 2005, a fourth condition must be met in order to avoid a lien, that is, (4) the lien must not secure a domestic support obligation debt. ... A lien impairs an exemption to the extent that the sum of (1) the lien, (2) all other liens on the property, and (3) the amount of the exemption the debtor could claim if there were no liens on the property exceeds the value that the debtor’s interest in the property would have in the absence of any liens. 11 U.S.C. § 522(f)(2)(A). 11 U.S.C. § 522(d) provides that a debtor may exempt his or her “aggregate interest, not to exceed $22,975 in value, in real. property ... that the debtor ... uses as a residence.” ... The Court finds that the Debtor is entitled to take her elected federal exemption pursuant to § 522(d). ... Accordingly, Perkins’ lien impairs the Debtor’s exemption.

Section 522(f)(2)(A) permits a debtor to avoid a judicial lien when the lien impairs an exemption to which the debtor would have been entitled.

In re Clark · filed 2014-07-03(f)(2)(A)

Under 11 U.S.C. sec. 522(f)(2)(A), the judicial lien in favor of this Creditor clearly impairs an exemption to which the Debtor(s) would have been entitled.

Section 522(f)(1) permits a bankruptcy court to avoid a judicial lien on the debtor's property to the extent the lien impairs an exemption.

Christakis v. Jeanne D'Arc Credit Union · filed 2015-05-06(f)(1)

Under 11 U.S.C. § 522(f)(1), a Bankruptcy Court judge may "avoid the fixing of a lien," including a judicial lien, "on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled."

Section 522(f) lets a debtor avoid a judicial lien that impairs an exemption, but it does not apply to a consensual mortgage lien.

Wells Fargo Bank N.A. v. United States Bankruptcy Court for the Eastern District of Oklahoma · filed 2015-10-22(f)

See 11 U.S.C. § 522(f) (granting debtor power to avoid judicial lien that impairs exemption); ... Likewise, § 522(f) is not applicable because the lien at issue is not a judicial lien.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien that impairs an exemption, with § 522(f)(2)(A) determining the extent of impairment.

In re Fix · filed 2015-11-30(f)(1)(A)

Adding to that sum the Debtors’ $250,000 allowable exemption results in an amount of $520,654.48. § 522(f)(2)(iii). Under the formula of § 522(f)(2)(A), the judicial liens of CBS, Kinney and the Olson Estate impair Debtors’ exemption to the' extent that $520,654.48 exceeds the value of the Debtors’ interest, shown by Stipulated Fact 17 as $335,000, which results in an impairment to the extent of $185,654.48. The result is that the judicial liens of CBS, Kinney and the Olson Estate, which together total $63,603.49, are avoidable in their entire amount under § 522(f)(1)(A).

Section 522(f)(2) permits a debtor to avoid a judicial lien to the extent it impairs the applicable homestead exemption; here, the court applied the New York State exemption and calculated that $54,450 of the lien remained secured and $472,550 was unsecured.

In re Shukla · filed 2016-04-18(f)(2)

The Court’s review of the plan, and in particular the one sentence that explicitly deals with the treatment accorded the Judgment Lien, unequivocally supports Lingechetty’s position that the Debtor intends to amend Schedule C and claim the New York State homestead exemption. This, in turn, will allow the Debtor to assign the higher exempt value provided under New York State law to the Residence and apply that higher exempt value in calculating the unsecured portion of the Judgment Lien for purposes of avoidance pursuant to § 522(f). ... Using the applicable New York State homestead exemption to avoid the Judgment Lien under § 522(f)(2) leaves it secured to the extent of $54,450 and unsecured for $472,550.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs exemptions, and § 522(f)(2)(A) supplies the impairment calculation.

Milliner v. Action Motors, Inc. (In re Milliner) · filed 2016-07-22(f)(1) and (f)(2)(A)

The Court holds that § 522(f) permits a debtor to, avoid such a lien to the extent it impairs a debtor’s exemptions as determined at the time of the filing of the petition.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien that impairs an exemption when the lien attached to the debtor’s pre-existing interest in the property.

In re Sternat · filed 2016-08-05(f)(1)(A)

Because the debt- or owned the residence free of any interest of Sarazin before her lien attached, Farrey is inapposite, and the debtor may avoid Sarazin’s judicial lien under § 522(f)(1).

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent it impairs an exemption available under federal or state law, and the court applied the § 522(f)(2)(A) calculation to avoid the lien in full.

In re Carpenter · filed 2016-10-27(f)(1)(A)

Section 522(f)(1) authorizes a debtor to avoid a judicial lien “to the extent that such a lien impairs an exemption to which the debtor would have been entitled” under federal or state law. ... Having determined that the Property qualifies under the Homestead Exemption for the full amount of $500,000, the requisite calculation under § 522(f)(2)(A) has been satisfied and Mr. Carpenter has established that Citizens Bank’s lien impairs his exemption and it is avoidable in its entirety.

Section 522(f) allows a debtor to avoid a judicial lien only to the extent that the lien, other liens, and the claimed exemption together exceed the value of the debtor’s interest in the property, and the debtor bears the burden of proving the necessary elements, including valuation.

Security Seed & Chemical, Inc. v. French (In re French) · filed 2016-12-01(f)

This section permits a debtor to avoid certain judicial liens to the extent that the value of 'the lien, all other liens on the property, and the claimed exemption exceed the value of the debtor’s interest in the property. The Defendants bore the burden of proof as to all elements necessary to avoid Plaintiffs lien, including valuation. ... Upon review of the record in this case, no evidence was presented at trial by the Defendants as to the value of the property, the other liens on the property, the exemptions claimed on the property, or any of the other elements necessary to support a motion of this type. Consequently, the Defendants did not carry their burden of proof and the Court must deny the Motion to' Avoid Lien.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent it impairs an exemption, and the statutory impairment calculation can support avoidance of all such liens.

In re Tillman · filed 2016-09-30(f)(1)(A)

The total amount of the Judicial Liens is $131,952.59, which less than the amount of the impairment; therefore, all of the Judicial Liens are avoidable under § 522(f)(1).

Section 522(f)(1) permits a debtor to avoid an existent but presently unenforceable judicial lien when it impairs an exemption, including a judgment cloud that creates an interest in exempt Missouri tenancy-by-the-entireties property.

In re O'Sullivan · filed 2017-03-17(f)(1)

Although other states may treat “clouds” differently, under Missouri law, a judgment against TBE property is a cloud that gives rise to an “interest in property” such that it may be avoided under § 522(f)(1).

Section 522(f)(1) permits avoidance of a judicial lien only to the extent it impairs an exemption; a lien on a debtor’s nonexempt contingent future interest cannot be avoided.

In re Jaffe · filed 2017-06-07(f)(1)

It does not protect from execution the tenant’s contingent future interests. ... Because a tenant’s contingent- future interests are not exempt under section 12-112, a judicial lien against them cannot be avoided.

Section 522(f)(2) treats a judicial lien as impairing an exemption when the lien, other liens, and the exemption exceed the debtor’s lien-free interest, and for a mortgage securing multiple exempt parcels the calculation may combine those parcels rather than count the mortgage separately against each.

In re Harrington · filed 2017-09-22(f)(2)(A)-(B)

Debtors’ proposed methodology for incorporating the full value of the Coombs mortgage lien into the § 522(f)(2) calculations for each parcel could technically be a correct plain language interpretation of the statute when applied to these facts. It is apparently based upon interpreting “liens on the property” as referring to a single parcel, with the word property read as singular. However, the “property” can also be read as plural, thus including more than one parcel. Under the present facts, the “property” which secures the Coombs lien includes both Elm Street and Creal Road, and both parcels constitute the “property” that Debtors have claimed as exempt. Therefore, the court finds that nothing in the literal language of the statute mandates the interpretation and methodology advanced by the Debtors of applying the Coombs mortgage lien separately to each of the two parcels. Furthermore, in the opinion of this court, Debtors’ approach is a strained interpretation, as it fails to recognize that Coombs’ lien is entitled to only one satisfaction, and that after the lienholder is paid and exemptions recognized, equity could remain to pay some of the judgment liens which are also secured against both properties. Were the court to adopt Debtors’ interpretation, the court might be allowing a larger exemption than that to which Debtors are entitled, a result certainly not intended by the statute, and inconsistent with the structure, purpose, and history of § 522(f)(2). ... CFCU’s alternative approach, combining both Elm Street and Creal Road, consistent with the approach adopted by the Frameli court, is a’ realistic application of the statutory language which the Court adopts. The court shall apply the statutory formula by adding to the judicial lien under consideration: (i) all other liens encumbering Elm Street and Creal Road combined and (ii) the amount of the exemptions claimed as to both parcels. To the extent that the total exceeds the combined values of the Debtors’ interests in Elm Street and Creal Road (devoid of all liens), impairment will be found.

Section 522(f)(2)(A) supplies the arithmetic test for deciding when a lien impairs a debtor's exemption, and the court upheld applying that test to the combined interests and liens in the two properties.

Cfcu Cmty. Credit Union v. Harrington · filed 2018-04-09(f)(2)(A)

And as the September 22 MDO acknowledged, the current iteration of the bankruptcy code explicitly provides a test for determining when a lien impairs an exemption. § 522(f)(2). ... CFCU has not clearly identified the kind of controlling authority from our own Circuit that might confirm the bankruptcy court committed legal error, and an independent review of the matter reveals no reason why this Court should begin second-guessing it. ... Accordingly, the September 22 MDO will be affirmed.

Section 522(f)(1) lets a debtor avoid a judicial lien or certain nonpossessory, nonpurchase-money security interests that impair an exemption.

In re Mirchou · filed 2018-06-01(f)(1)

In his pre-conversion Schedules and amended Schedules, Debtor never claimed an exemption in the Valadez Property. In his Post-Conversion Schedules, Debtor also did not claim an exemption in the Valadez Property. As the Real Time DOT was not a judicial lien, avoidance under Section 522(f)(1)(A) was not available. As the Real Time DOT did not create a nonpossessory, nonpurchase money security interest in personal property, avoidance under Section 522(f)(1)(B) also was not available.

Section 522(f)(1)(A) lets a debtor avoid a judicial lien to the extent it impairs an exemption, and § 522(f)(2)(A) supplies the impairment calculation.

Cory Arthur Wengreen · filed 2019-05-02(f)(1), (f)(1)(A), (f)(2)(A), (f)(2)(A)(i), (f)(2)(A)(ii), (f)(2)(A)(iii)

The applicable statute cited by the Debtors in support of the relief requested in the Amended Motion is 11 USC § 522(f)(1). This statute allows the Court to avoid the fixing of a judicial lien6, that impairs an exemption in property that the debtor can claim7.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent it impairs an exemption, § 522(f)(2) determines impairment by the statutory calculation, and § 522(i)(2) permits the avoided portion to be preserved for the debtor.

Andreas Abramson · filed 2019-05-24(f)(1)(A), (f)(2), and (i)(2)

Thus, the exemption laws, the avoiding provisions, and the preservation of the interest transferred at play (11 U.S.C. § 522(f), § 522(i), § 550, and § 551) are consistent with each other and are properly applied in the sandwich judgment lien situation by avoiding that portion of the judgment lien for which there is no value in the Property after considering the senior unavoidable liens and homestead exemption. This protects the property rights of the judgment lien creditor which actually exist and avoids that portion of the judgment lien for which there is no value. Further, it gives full force and effect to preserving the avoided portion of the judgment lien (for which there was no value as of the filing of the case) for the Debtor to preserve that position as he works to build value in his homestead property going forward. The junior, out of the money, unavoidable deeds of trust do not merely slip in and gobble up Debtor’s exemption and take the position of the judgment lien that federal law allows Debtor to avoid and preserve for his benefit.

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien that impairs an exemption, but it does not apply when the challenged order creates no lien.

In re Mus · filed 2019-03-01(f)(1)(A)

Therefore, Mr. Mus's petition to avoid as it applies to these state court orders must be denied.

Section 522(f)(1) permits a debtor to avoid a judicial lien only if the debtor possessed the property interest before the lien fixed to it.

Patrusky v. Jungle Treats, Inc. · filed 2019-03-25(f)(1)

If he or she did not, § 522(f)(1) does not permit the debtor to avoid the fixing of the lien on that interest.

Section 522(f)(1)(A) permits avoidance of a judicial lien that impairs an exemption, and § 522(f)(2)(A) requires all other liens to be included in calculating that impairment, so lien priority does not by itself bar avoidance.

Candace Lynn Dolfi · filed 2019-10-03(f)(1)(A), (f)(2)(A)

Notably, the plain language of the statute does not appear to condition avoidance on whether a judgment lien is junior to unavoidable liens on the property. ... The Court finds the argument is unpersuasive to overcome the plain language of the statute. ... Significantly, the plain language of §522(f)(2)(A)(ii) includes “all other liens on the property” as part of the calculation to determine impairment. Accordingly, even unavoidable junior mortgages are considered in the analysis. ... Based on the foregoing, Brian Dolfi’s lien is subject to avoidance under §522(f).

Section 522(f)(1)(A) allows a debtor to avoid a judicial lien to the extent it impairs an exemption to which the debtor would otherwise be entitled.

Shuntavia D Wigfall · filed 2019-10-29(f)(1)(A)

Section 522(f) permits a debtor to avoid a judicial lien that impairs an exemption. 11 U.S.C. § 522(f)(1)(A). The statute states that the “debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is – (A) a judicial lien . . . .” 11 U.S.C. § 522(f)(1). To obtain relief under this section, a debtor must satisfy four requirements: (1) the debtor must properly assert an exemption in property in which she has an interest, (2) there must be a lien on the property, (3) the lien must impair the exemption, and (4) the lien must be a judicial lien.

Section 522(f)(2) permits a debtor to avoid a judicial lien to the extent it impairs an exemption; when the lien exceeds the debtor’s exempt equity, it may be avoided in its entirety.

Owen James Thornton · filed 2019-12-17(f)(2)

The undisputed evidence in the papers relating to the motion establishes that the creditor’s judgment lien impairs debtor’s exemption in the subject property. ... Assertion of the creditor's judgment lien of $69,193.00 would impair the debtor's homestead exemption in his $47,167.14 equity, and thus, the lien is avoidable in its entirety under 11 U.S.C. § 522(f).

Section 522(f) allows a debtor to avoid a judgment lien to the extent it impairs an exemption, but not when the lien is superior to the debtor’s ownership interest and exemption.

Raymond Archuletta · filed 2020-01-28(f)

The validity of Debtor’s claimed homestead exemption is important because under 11 U.S.C. § 522(f), Debtor could seek to avoid any judgment lien North Hills might obtain, to the extent it impaired Debtor’s exemption. ... Thus, if it turns out that North Hills has a valid claim against the Miramontez estate, it would be superior both to Debtor’s ownership interest in the house and to Debtor’s homestead exemption. In such an event, Debtor would not be able to avoid a North Hills judgment lien under § 522(f).

Section 522(f)(1) permits a debtor to avoid a judicial lien impairing an exemption only when the lien fixed on an interest the debtor held before the lien attached.

Chad Potts · filed 2020-01-29(f)(1)

The statute does not say that the debtor may undo a lien on an interest in property. ... Therefore, unless the debtor had the property interest to which the lien attached at some point before the lien attached to that interest, he or she cannot avoid the fixing of the lien under the terms of § 522(f)(1). ... Applying the foregoing analysis to the matter at hand, the Court reaches the following conclusion. ... What matters is that it was owned by Chad and Catherine jointly and as tenants in the entirety at the time the divorce decree vested sole ownership in Chad while simultaneously creating a judicial lien in favor of Catherine. ... Consequently, Chad’s request that the judicial lien be avoided is denied.

Section 522(f) permits avoidance of a judicial lien only when the lien impairs an exemption; a judgment that is not a lien cannot be avoided under this provision.

SARGON E AWDISHO and MARINA I. AWDISHO · filed 2020-02-12(f)

Because the judgment “is not a lien at all, it is not a lien that impairs the debtors’ homestead that can be avoided pursuant to Code §522(f).”

Section 522(f) allows a debtor to avoid a judicial lien when the lien impairs an exemption, and the debtor bears the burden of proving the elements of avoidance.

Gene A Shy · filed 2020-07-23(f)

Furthermore, the burden of proof on all of the elements of the lien avoidance analysis under 11 U.S.C. § 522(f) is on the Debtor. ... The calculation to determine whether avoidance is appropriate can be succinctly stated. If the value of all secured liens on the property plus the debtor’s claimed exemption exceed the value of the property, the debtor’s motion is sustained, in whole or in part depending upon the remaining equity. Conversely, if the value of all liens plus the exemption are less than the value of the property, the motion is denied.

Section 522(f)(2)(A) defines impairment by comparing the lien, other liens, and exemption to the value of the debtor’s interest, and § 522(f)(2)(B) requires judicial liens to be stripped from most junior to most senior.

Patrick J. Butler and Kelli Butler · filed 2020-08-28(f)(2)(A), (f)(2)(B)

In Brinley v. LPP Mortgage, LTD., 403 F.3d 415 (6th Cir. 2005), the Sixth Circuit explained the process to determine the extent that a judicial lien can be avoided pursuant to 11 U.S.C. § 522(f)(2). First, a court must establish the value of the property and the extent of the debtor’s ownership. Id. at 420. Second, the court adds together all of the liens on the property and the debtor’s exemption, and then subtracts the value of the property. Id. at 421. The court then subtracts this value from the creditor’s judicial lien. If the number is positive, the creditor’s lien survives to that amount. If the number is either zero or negative, the creditor’s judicial lien is avoided in its entirety. See Brinley, 403 F.3d at 421. Pursuant to 11 U.S.C. § 522(f)(2)(B), judicial liens are stripped off a property one at a time from the most junior to the most senior. See Jochum v. Concord Capital, L.L.C. (In re Jochum), 309 B.R. 327, 330 (Bankr. E.D. Mo. 2004).

Section 522(f)(1) allows a debtor to avoid a judicial lien to the extent it impairs an exemption, and § 522(f)(2)(A) measures impairment by comparing the lien, other liens, and the available exemption against the value of the debtor’s unencumbered property interest.

Evelyn Rivera v. · filed 2020-10-15(f)(1), (f)(2)(A)

Under § 522(f), a debtor may avoid the fixing of a judicial lien on a property interest “to the extent that such lien impairs an exemption to which the debtor would have been entitled under [§ 522(b)].” 11 U.S.C. § 522(f)(1). ... A lien “impairs” an exemption to the extent that the sum of (1) that lien, (2) all other liens on the property in question, and (3) “the amount of the exemption that the debtor could claim if there were no liens on the property” “exceeds the value that the debtor’s interest in the property would have in the absence of any liens.” 11 U.S.C. § 522(f)(2)(A). ... In short, Lynch has failed to demonstrate that the Bankruptcy Court erred in granting Rivera’s motion for an avoidance under § 522(f), or that the District Court erred in affirming that decision.

Section 522(f)(1) allows a debtor to avoid a judicial lien to the extent it impairs an exemption, and § 522(b)(3)(B) permits exemption of a tenancy-by-the-entirety interest when it is exempt from process under applicable non-bankruptcy law.

William Skelton · filed 2020-12-16(f)(1), (b)(3)(B)

Furthermore, a debtor may exempt any interest in a tenancy by the entirety that he possessed prior to the filing of the petition “to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable non-bankruptcy law.” 11 U.S.C. § 522(b)(3)(B). ... In Dixon, Judge Samson concluded that applicable Mississippi law acted to exempt entirety properties in situations where only one of two spouses was a debtor who asserted the exemption. Dixon, slip op. at 12. While Dixon considered the matter in the context of whether an individual Chapter 13 debtor could apply the exemption during a liquidation analysis prior to confirmation, this Court sees no reason why the outcome should differ in a § 522(b)(3)(B) analysis. Thus, the Court concludes that Skelton does have an interest in the Property which is subject to an exemption that would be impaired if SFSI’s lien remained in place.

Section 522(f) lets a debtor avoid a judicial lien only to the extent it impairs an exemption to which the debtor would have been entitled; the request must be made by motion under Rule 9014.

Kinney v. Anderson Lumber Company, Inc. · filed 2021-01-13(f)

Because Federal Rule of Bankruptcy Procedure provides that “[a] proceeding under § 522(f) to avoid a lien or other transfer of property exempt under the Code shall be commenced by motion in the manner provided by Rule 9014,” Plaintiffs’ attempt to request avoidance of the lien under § 522(f) in this adversary proceeding is dismissed. ... Moreover, such a proceeding is limited to the provisions of § 522(f), which provides in relevant part: “Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is—(A) a judicial lien . . . .” 11 U.S.C. § 522(f).

Section 522(f)(2) defines when a judicial lien impairs an exemption by comparing the lien, other liens, and the exemption amount with the property's value, permitting avoidance to the extent of the impairment.

W. Kent Ganske · filed 2021-01-29(f)(2)

Section 522(f) provides in pertinent part that “the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs [a debtor’s] exemption . . . , if such lien is a judicial lien . . . .” According to the statute, a lien impairs an exemption “to the extent that the sum of – (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor’s interest in the property would have in the absence of any liens.” 11 U.S.C. § 522(f)(2). ... Winfield’s lien impairs the Debtors’ homestead exemption because the liens on the Baileys Harbor Property ($34,665 + $75,000 + $50,000), plus the Debtors’ homestead exemption ($150,000), exceeds the value of the Debtors’ interest in the property ($300,000) by $9,665. Winfield’s judgment lien, therefore, impairs the Debtors’ homestead exemption and the Debtors can avoid the fixing of the lien on the Baileys Harbor Property pursuant to 11 U.S.C. § 522(f).

Section 522(f)(1) permits a debtor to avoid a judicial lien to the extent it impairs an exemption the debtor would have been entitled to claim, including by using an available exemption not actually claimed on that property, and permits partial avoidance when impairment is partial.

Kimberly C. Sutter · filed 2021-02-25(f)(1)

Section 522(f) allows for partial avoidance of a judicial lien to the extent that the lien only partially impairs the debtor’s exemption. ... Rather, under § 522(f), a debtor is entitled to use an exemption in the amount corresponding to the amount to which the debtor would have been entitled to claim. ... But debtors are permitted to use other exemptions for lien avoidance purposes. ... This court agrees with Judge Whipple’s reasoning in Pees.

Section 522(f)(1)(A) lets a debtor avoid a judicial lien that fixes on the debtor’s property interest and impairs an exemption to which the debtor would have been entitled.

Vito Badalamenti, Jr · filed 2021-07-15(f)(1)(A)

Under § 522(f), a debtor may avoid the fixing of a judicial lien on an interest of the debtor if the lien fixed on an interest of the debtor in property and impairs an exemption to which the debtor would have been entitled.

Section 522(f)(1)(A) permits avoidance of a judicial lien to the extent it impairs an exemption; § 522(f)(2)(A) supplies the impairment formula, and § 522(a) fixes property value as of the petition date.

JP Riggs · filed 2021-12-10(f)(1)(A), (f)(2)(A), (a)

Although Section 522(f) does not specify the operative date for purposes of applying the formula to determine whether a lien impairs an exemption, 11 U.S.C. § 522(a) defines “value” for purposes of Section 522 as “fair market value as of the date of the filing of the petition . . . .” Thus, bankruptcy courts have held that the petition date is the operative date for all Section 522(f) determinations, including determinations regarding the value of the debtor’s property and the value of the liens. ... Under Section 522(f)(2)(A), the Debtor may avoid any portion of the Lien to the extent that the sum of the Lien, all other liens, and the amount of the Debtor’s homestead exemption exceeds the value of the Debtor’s interest in the Property. ... As the $75,000.00 homestead exemption exceeds the value of the Property, Hebrew Home’s Lien would impair the Debtor’s exemption and must be avoided.

Section 522(f)(1)(A) lets a debtor avoid a judicial lien to the extent it impairs an exemption, and § 522(f)(2)(A) measures impairment by comparing the lien, other liens, and exemption amount with the value of the debtor’s interest free of liens.

Gregory Kleynerman · filed 2022-01-26(f)(1)(A), (f)(2)(A)

The judicial lien on Kleynerman’s interest in Red Flag remains eligible for avoidance under the formula described in § 522(f)(2)(A).8 The Chapter 7 trustee estimated the value of Kleynerman’s interest in Red Flag at $0. See ECF No. 38, at 2; ECF No. 44, at 1. Smith did not object to that valuation.9 The parties agree that the only lien against that interest is Smith’s and Smith does not dispute that Kleynerman exempted his interest in Red Flag under Wis. Stat. § 815.18(3)(b)(2). The maximum amount allowed under this exemption is $15,000. That makes the exemption amount ($15,000) plus the lien amount ($499,000.00) greater than the value of Kleynerman’s interest ($0). The judicial lien may be avoided in its entirety according to the impairment calculation of § 522(f)(2)(A).

Section 522(f)(2)(A) permits avoidance of only the portion of a judicial lien that impairs the debtor's exemption, with impairment calculated by adding the judicial lien, other liens, and exemption, then subtracting the property's value.

Cassi Corinn Wigington · filed 2022-03-01(f)(2)(A)

Under § 522(f), only the portion of a judicial lien that impairs the exemption may be avoided by the debtor. See In re Sawyers, 2 F.4th at 1140. Section 522(f)(2)(A) contains the formula to calculate the extent to which a lien impairs a debtor's homestead exemption.

Section 522(f)(2)(A) uses the sum of the lien, other liens, and the applicable exemption to determine whether an avoidable lien impairs the exemption; an impairing lien may be stripped to that extent.

Joseph F. Catalano, Jr. · filed 2022-07-21(f)(2)(A)

Even if SJFE were perfected, the Court would nevertheless grant the Motion because the lien could be stripped under section 522(f) of the Bankruptcy Code. As this Court ruled in In re Gross, section 522(f\(2)(A) sets forth a formula to determine the extent that an avoidable line impairs an exemption: ... any liens. ... Under section 522(b), Debtor’s claimed exemptions total $18,726. Therefore, the SJFE Judgment would impair Debtor’s exemption and can be stripped in its entirety pursuant to section 522(f).

Section 522(f)(2)(A) measures impairment by adding the judicial lien, other liens, and the exemption amount, then comparing that sum with the debtor’s lien-free property interest; the lien is avoidable only to the extent of the impairment.

Brian David Snyder and Amy Kathryn Snyder · filed 2022-09-23(f)(2)(A)

To determine whether a judicial lien impairs an exemption and to what extent, courts apply the mathematical formula set forth in §522(f)(2)(A), which provides in relevant part: For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of-- (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor’s interest in the property would have in the absence of any liens. 11 U.S.C. §522(f)(2)(A). This §522 calculation sets forth a two step process. Norvell v. Equity Tr. Co (In re Norvell), 2021 WL 5920718 at *5, 2021 Bankr. LEXIS 3459 at *13 (Bankr. S.D. Ohio Dec. 15, 2021). First, the court must calculate the sum of the lien, all other liens, and the debtor’s exemption. Id. Second, the court must subtract the value of the debtor’s interest in the property to determine whether and to what extent the debtor’s exemption is impaired. Id. The debtor may avoid the lien only to the extent it impairs the debtor’s exemption. Id. (citing Brinley v. LPP Mortg., Ltd. (In re Brinley), 403 F.3d 415, 421 (6th Cir. 2005)).

Section 522(f)(1) requires courts to measure whether a judicial lien impairs the exemption the debtor would have been entitled to without the lien, using the exemption law in effect when bankruptcy is filed.

BARCLAY V. BOSKOSKI · filed 2022-11-14(f)(1)

We hold that in deciding whether a judgment lien impairs a debtor’s California homestead exemption, the Bankruptcy Code requires courts to determine the amount of the exemption to which the debtor would have been entitled in the absence of the lien at issue. In this case, that means we apply the state exemption law in effect on the filing date of the bankruptcy petition, rather than on the creation date of the lien. Following this principle, the bankruptcy court correctly applied the $600,000 homestead exemption available in 2021, which, consequently, allowed Boskoski to avoid the entirety of the judgment lien placed on his home.

Section 522(f) allows a debtor to avoid a judicial lien to the extent it impairs the debtor's homestead exemption.

Simon Douek v. · filed 2023-03-23(f)

Nor can § 522(f) help Douek clear the Property of Nikon’s lien. Under it, a debtor can avoid a judicial lien on his property “to the extent that such lien impairs an exemption to which [he is] entitled under [§ 522(d)(1)’s homestead exemption].” 11 U.S.C. § 522(f),(b). But as the New Jersey court made clear, any part of Nikon’s lien impairing Douek’s homestead exemption was already discharged in its order. See New Jersey State Court Order (CA070) (Nikon’s judgment lien “shall survive to the extent of the [Debtor]’s equity above the Debtor’s bankruptcy exemption of $23,675 . . . as of the date of the Debtor’s bankruptcy filing.” (emphasis added)). So Douek could not marshal § 522(f), either at the time of the Settlement Agreement or now, to dissolve any part of Nikon’s lien not already dissolved under New Jersey law.

Section 522(f) permits avoidance of a judicial lien when the liens and claimed exemption exceed the debtor’s interest in the property, but § 522(f)(1)(A) excludes a judicial lien securing a domestic support obligation; a judgment for overpaid support is not itself a domestic support obligation for this provision.

Shannon E. Harris · filed 2023-07-27(f)(1)(A)

Section 522(f) of the Bankruptcy Code allows Debtors to avoid a creditor’s interest in their property if that property would be exempt but for the existence of the creditor’s lien. 11 U.S.C. § 522(f). The statute provides a formula: liens can be avoided when the sum of all liens on the property, including the lien under consideration, and the value the debtor could claim as exempt (were there no liens), exceed the value of the debtor’s interest in the property. That is, when the value of all liens plus the homestead exemption is greater than the debtor’s interest in the property, the lien can be avoided. According to the express terms of §522(f)(1)(A), a judicial lien which secures the Debtor’s domestic support obligations may not be avoided by motion under §522(f). ... This Court agrees with the 10th Circuit. A plain reading of the statute makes it clear that a domestic support obligation is one owed to a creditor-spouse for support. Taylor, 737 F.3d at 679. A judgment for the overpayment of a domestic support obligation is no longer for the support of a child as required by the definition provided in § 101(14). ... For purposes of § 522(f) and §523(a)(5), the debt is not a domestic support obligation. Likewise, the equitable distribution credit is not, nor ever was, a domestic support obligation.

Section 522(f)(1)(A) permits a debtor to avoid the fixing of a judicial lien on the debtor’s property to the extent the lien impairs an exemption.

Myers v. U.S. Bank National Bank Association · filed 2023-09-05(f)(1)(A)

“[A] debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled” if it is a judicial lien. 11 U.S.C. § 522(f)(1)(A). ... The Court agrees that the Consent Order is not and never was a judicial lien, but only an agreement ratified by the Court. The parties entered into the agreement and the Court approved the Order to allow funds to be deposited into the registry. Nothing more.

Section 522(f)(1) allows a debtor to avoid a judicial lien to the extent it impairs an exemption, § 522(f)(2)(A) supplies the impairment formula, and § 522(l) makes a claimed exemption presumptively valid unless successfully challenged.

Matthew H Callier · filed 2023-09-29(f)(1), (f)(2)(A), (l)

Section 522 of the Bankruptcy Code allows debtors to avoid a judicial lien to the extent it “impairs” a debtor’s ability to exempt certain property. See 11 U.S.C. §522(f)(1). Section 522(f)(2)(A) sets forth the mathematical formula for determining if a judicial lien impairs a debtor’s exemptions. A lien “impairs” a debtor’s exemption to the extent that “the sum of— (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor’s interest in the property would have in the absence of any liens.” 11 U.S.C. §522(f)(2)(A). A debtor seeking to avoid a lien under §522(f) bears the burden of proving impairment by a preponderance of the evidence. ... Consistent with bankruptcy’s “fresh start” principle, a debtor’s claimed exemptions are presumptively valid. ... see also 11 U.S.C. §522(l). ... The Court finds that Sarasota failed to carry its burden of rebutting Debtor’s presumptively valid claim of exemptions in these two firearms.

Section 522(f)(1)(A) lets a debtor avoid a judicial lien to the extent it impairs a homestead exemption.

Brian Daniel Marron · filed 2024-02-08(f)(1)(A)

The debtor may avoid certain judicial liens to the extent they impair a homestead exemption. See 11 U.S.C. § 522(f)(1)(A). ... IT IS ORDERED: Because the debtor’s half interest supports the homestead, the full amount of the creditor’s lien is avoided under 11 U.S.C. § 522.

Section 522(f)(1) permits a debtor to avoid a judicial lien to the extent it impairs an exemption; when an entireties exemption covers the debtor's entire contingent future interest, the entire lien is avoidable without valuing the property or accounting for other liens.

Davis v. Carrington · filed 2024-02-14(f)(1)

Because the Entireties Exemption covers the entire interest the Debtor has in the Property (including any future contingent interest in the Property), the valuation has no relevancy. In other words, the Entireties Exemption is not limited in its reach. The calculation will always come back as the entire judicial lien is avoidable, so it really doesn’t matter what the value of the Property is or the amount of other liens on the Property. Whether the Property was valued at 1 million dollars or one dollar, the Davis Judicial Lien would still be avoidable because 100% of the Debtor’s future contingent interest in the Property is exempt.

Section 522(f)(2)(A) defines when a judicial lien impairs an exemption by comparing the lien and exemption amount with the value of the debtor’s interest in the property without liens.

Kirk R. House · filed 2024-02-26(f)(2)(A)

Section 522(f) provides that the debtor may avoid a judicial lien,* such as the Superior Court Judgment, to the extent that the lien impairs an exemption. In a simplified form that can be applied in the circumstances of this case, a judicial lien impairs an exemption for purposes of section 522(f) if the lien exceeds the Debtor's equity in the property.” ... As the Debtor’s equity in those two trucks ($500 and $1,000, respectively) is less than Ms. Johnston’s lien $43,500 plus interest), the lien impairs the exemption on these two trucks and must be avoided.

Section 522(f)(2)(A) lets a debtor avoid a judicial lien to the extent the lien and other liens plus the exemption exceed the property's value without liens.

Johnston v. House · filed 2024-02-26(f)(2)(A)

Section 522(f) provides that the debtor may avoid a judicial lien,* such as the Superior Court Judgment, to the extent that the lien impairs an exemption. In a simplified form that can be applied in the circumstances of this case, a judicial lien impairs an exemption for purposes of section 522(f) if the lien exceeds the Debtor's equity in the property.”

Section 522(f)(1) permits a debtor to avoid a lien to the extent that it impairs an exemption to which the debtor would have been entitled.

Craig Alan Timmerman · filed 2024-02-29(f)(1)

Since the vendor’s lien is allowed to reach the proceeds of any sale, the Court finds that it still impairs the exemption to which Debtor is entitled. See In re Miell, 2010 WL 1258196, at *4 (Bankr. N.D. Iowa Mar. 29, 2010), aff’d sub nom. In re Meill, 441 B.R. 610 (B.A.P. 8th Cir. 2010) (holding that a valid and properly recorded vendor’s lien would attach to the proceeds of the sale of the real estate at issue). Given this impairment, the vendor’s lien, if valid, is avoidable under 11 U.S.C. § 522(f)(1) (“[D]ebtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled . . . .”).

Section 522(f)(2)(A) determines impairment by adding the judicial lien, other liens, and the exemption amount and comparing that sum with the property's value without liens; the judicial lien is avoidable to the extent of the excess.

Wiley v. Olson · filed 2024-05-10(f)(2)(A)

Subsection (f)(2)(A) sets forth a formula for determining the extent to which a lien impairs an exemption. This section provides that a lien “shall be considered to impair an exemption to the extent that the sum of – (i) the lien; ... (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property; exceeds the value that the debtor’s interest in the property would have in the absence of any liens.” 11 U.S.C. §522(f)(2)(A). ... As such, the Court finds that there remains $115,864.95 in equity to which Mr. Wiley’s judicial lien may attach (the “Judicial Lien Amount”), and that pursuant to §522(f) of the Bankruptcy Code, Mr. Wiley’s judicial lien is avoided to the extent it exceeds $115,864.95.

Section 522(f) permits a debtor to avoid a judicial lien only when the lien impairs an exemption; a lien that does not attach to the debtor's homestead does not qualify.

Alfred Parker Mayo, Sr. · filed 2025-03-31(f)

The Debtor’s Motion to Avoid Judicial Lien under 11 U.S.C. § 522(f) (ECF No. 232)8 asserts DAS holds a lien pursuant to Conn.Gen.Stat. § 18-85b, secured by the Debtor’s home. However, any lien pursuant to Conn.Gen.Stat. § 18-85b would not be secured by the Debtor’s home because § 18-85b only imposes a lien against certain causes of action and inheritances, not real property. ... Any lien held by DAS does not impair the Debtor’s homestead exemption and so relief under 11 U.S.C. § 522(f) is inapplicable to these facts. Notably, DAS has not filed a proof of claim in this case and asserts no right to payment under a Chapter 13 Plan. For these reasons the Debtor’s § 522(f) motion, ECF No. 232, will be denied.

Section 522(f) allows a debtor to avoid a judicial lien impairing an exemption only when the statutory requirements are satisfied, including the impairment calculation under § 522(f)(2).

Daniel S. Banyai · filed 2025-05-22(f)

Under § 522(f)(1), a debtor may avoid a judicial lien “on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled.” A lien is considered to “impair” an exemption to the extent it “exceeds the value that the debtor’s interest in the property would have in the absence of any liens.”51 Section 522(f)(2)(A) sets forth a calculation to determine whether a judicial lien impairs an exemption to which the debtor would have been entitled. ... Due to the timing of events, Debtor acquired the Property subject to the Town’s liens and they cannot be avoided.

Section 522(f)(1) allows a debtor to avoid a judicial lien that affixes to exempt property and impairs the debtor's claimed exemption.

Jencks v. FS · filed 2025-08-12(f)(1)

Under section 522 of the Bankruptcy Code, a debtor may exempt certain property from the bankruptcy estate and avoid a lien that impairs his or her exempted property. ... “To avoid the fixing of a judicial lien on exempted property, a debtor must (1) establish the creation of an avoidable lien under § 522(f)(1); (2) that affixed to exempted property under § 522(b); and (3) that impaired a debtor’s claimed exemption in the property.” ... This presumption remains true in the context of lien avoidance under 11 U.S.C. § 522(f). Although the movant typically bears the burden of proving lien avoidance elements, where “‘the grounds for an objection to lien avoidance rest upon a challenge to the debtor’s claimed homestead exemption, Bankruptcy Rule 4003(c) shifts that burden to the [objector]’ to prove that the exemption is not properly claimed.”

Section 522(f)(1)(A) lets a debtor avoid a judicial lien to the extent it impairs the debtor’s exemption, once the debtor proves the lien is avoidable, attached to exempt property, and impaired the claimed exemption.

Michael L Watson · filed 2025-10-03(f)(1)(A)

The debtor may avoid a judicial lien to the extent it impairs his homestead exemption. See 11 U.S.C. § 522(f)(1)(A). To avoid the lien the debtor must “(1) establish the creation of an avoidable lien under § 522(f)(1); (2) that affixed to exempted property under §522(b); and (3) that impaired a debtor’s claimed exemption in the property.” See David G. Waltrip, LLC v. Sawyers (In re Sawyers), 2 F.4th 1133, 1137 (8th Cir. 2021). The debtor has the burden of proof. Id.

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien only to the extent it impairs an exemption; when one tenant by the entirety files, the calculation uses the property's full value, and under section 522(f)(2)(B) avoided liens are excluded from later calculations in reverse priority order.

Michael C. Culver · filed 2025-10-17(f)(1)(A), (f)(2)(B)

Thus, in cases where only one tenant by the entirety has filed for bankruptcy relief, the proper method for calculating equity for purposes of judicial lien avoidance under § 522(f)(1)(A) is as follows: (1) use the full fair market value of the debtor’s principal residence; (2) subtract all mortgage liens and all other liens of record on the principal residence; (3) apply the full amount of the debtor’s homestead exemption as if there were no liens on the principal residence; (4) if there is any equity remaining in the principal residence after satisfying all other liens and the debtor’s homestead exemption, the judicial lien may attach to that remaining equity; and (5) any judicial lien that can be avoided as set forth above is avoided in reverse order according to state law priority, meaning that for debtors residing in New York, the most junior of the judicial liens (i.e., the most recently recorded lien) is avoided first, and so on, until either all judicial liens are avoided or until there is some equity to either partially or fully secure a judicial lien. ... Section 522(f)(2)(B) provides that “[i]n the case of a property subject to more than 1 lien, a lien that has been avoided shall not be considered in making the calculation under subparagraph (A) with respect to other liens.” 11 U.S.C. § 522(f)(2)(B). When there is more than one potentially avoidable lien, each lien’s avoidance is assessed in reverse order of that’s lien’s priority under New York state law.

Section 522(f)(1) permits a debtor to avoid a judicial lien to the extent it impairs an exemption to which the debtor would have been entitled; the court found the required conditions satisfied for the judgment lien.

In re: Kent C. Robinson and Naomi U. Robinson · filed 2025-12-30(f)(1)

Based on the value of the Property determined herein to be $394,247, the Judgment Lien may be avoided and treated as wholly unsecured under § 522(f) in a chapter 13 plan upon completion of plan payments. There is no dispute there was a fixing of a lien on an interest of the Debtors in the Property. Moreover, based on the valuation determined here, the lien impairs the homestead exemption to which the debtor would have been entitled. And finally, the Judgment Lien is a judicial lien. As such, the Judgment Lien is avoidable pursuant to § 522(f)(1).

Section 522(f)(1)(A) permits a debtor to avoid a judicial lien to the extent it impairs an exemption, using the property's fair market value as of the petition date under section 522(a)(2).

Nicholas Vaughn Morris · filed 2026-02-17(f)(1)(A); (a)(2)

Section 522(f)(1)(A) of the Bankruptcy Code provides that a debtor may avoid the fixing of a judicial lien on an interest of the debtor in property to the extent such lien impairs an exemption to which the debtor would have been entitled. ... The fair market value of the property is determined as of the date the bankruptcy petition was filed. See 11 U.S.C. § 522(a)(2).

Section 522(f)(1) permits a debtor to avoid a lien impairing an exemption only when the lien is a judicial lien; a statutory lien is not avoidable under that provision.

In re: Sherman Wilson Hicks, Jr. and Dianna Lynn Hicks, Debtors · filed 2026-02-26(f)(1)

For all of these reasons, the Court finds that the City’s lien is statutory rather than judicial. ... Because the Court finds that the City’s lien is statutory rather than judicial, the lien is not subject to avoidance under § 522(f).

Section 522(f) permits a debtor to avoid a judicial lien only to the extent it impairs an exemption, using the statutory calculation in § 522(f)(2)(A) and excluding already avoided liens under § 522(f)(2)(B).

Michael Moilanen · filed 2026-03-31(f)(1), (f)(2)(A), (f)(2)(B)

Under 11 U.S.C. § 522(f), a debtor may avoid the fixing of certain liens on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled. ... To determine whether an exemption is impaired by a lien, 11 U.S.C. § 522(f)(2)(A) sets forth a simple math calculation: Add the (1) lien sought to be avoided, (2) all other unavoided liens on the property, and (3) the amount of the exemption the debtor could claim if there were no liens on the property. If the sum exceeds the value of the debtor’s interest in the property (in the absence of any liens), the exemption is impaired. Id. If a debtor seeks to avoid more than one lien, a lien that has been avoided shall not be considered in making the calculation with respect to other liens. 11 U.S.C. § 522(f)(2)(B). ... The plain language of 11 U.S.C. § 522(f)(1) provides that a lien may only be avoided only to the extent that it impairs an exemption. ... As a result, an exemption may be wholly or partially impaired, and a judicial lien may be wholly or partially avoided.

Section 522(f) allows a debtor to avoid a lien to the extent it impairs exemption rights, subject to the rule that it does not apply to liens acquired before November 6, 1978.

Flowers v. American Finance Co. (In re Flowers) · filed 1985-06-21(f)

It is ORDERED, ADJUDGED and DECREED that the within application of the debtors to avoid the lien of the American Finance Company be, and the same hereby is, denied and dismissed as the involved lien was perfected before the enactment date of the Code.

Section 522(f)(2)(B) lets a debtor avoid a lien on tools of the trade to the extent the lien impairs an exemption.

Day v. United Bank of Arizona (In re Day) · filed 1987-03-20(f)(2)(B)

On reading the applicable state law, this Court concludes that A.R.S. § 33-1130(1) vests these Debtors with an exempt property right in tools of the trade to the extent such an exemption is available to these Debtors. ... This Court further concludes that A.R.S. § 33-1122 merely contemplates certain creditors’ enforcement rights. ... IT IS ORDERED overruling United Bank of Arizona’s objection to Debtors’ motion to avoid lien under 11 U.S.C. § 522(f)(2)(B).

Section 522(f)(1) lets a debtor avoid a judicial lien only to the extent it impairs an exemption.

In Re Hermansen · filed 1988-03-28(f)(1)

The Court has concluded that Section 522(f) may be used in Colorado to avoid a judicial lien which impairs a debtor’s homestead exemption, but may do so only to the extent of such impairment, and no more.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption available under subsection (b).

Williamson v. Williamson · filed 1988-05-16(f)(1)

According to Duncan, avoidance of a judicial lien under Sec. 522(f) is a two-step procedure. First, it must be determined whether the debtors have a homestead exemption that is impaired. Next, it must be determined the extent to which the judicial lien creates the impairment.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption to which the debtor would have been entitled.

In Re Brothers · filed 1989-05-17(f)(1)

By the unambiguous terms of § 522(f)(1) and § 101(33) and (32), it appears that the debtor is entitled to avoid Smith’s lien to the extent that it impairs the debtor’s claimed Alabama homestead exemption of $5,000.00.

Section 522(f) allows a debtor to avoid a judicial lien to the extent it impairs an exemption.

Songer v. Cooney · filed 1989-06-14(f)

Thus a debtor may avoid a judicial lien to the extent that it impairs an exemption. (11 U.S.C. § 522(f).)

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption, and § 522(f)(2)(A) defines impairment by comparing the lien, other liens, and exemption with the property value.

In Re Garran · filed 2002-03-15(f)(1), (f)(2)(A)

Section 522(f)(1) permits a debtor to “avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption [of the debtor.]” 11 U.S.C. § 522(f)(1). Further, § 522(f)(2)(A) provides that a judicial lien “impair[s] an exemption” to the extent that the targeted lien, in combination with the other liens and the value of the debtor’s exemption, exceeds the value of the debtor’s property. 11 U.S.C. § 522(f)(2)(A).

Section 522(f)(1) lets a debtor avoid a judicial lien on exempt property to the extent it impairs an exemption, including when the lien is presently unenforceable.

CRP Holdings v. O'Sullivan · filed 2017-09-22(f)(1)

Bankruptcy Code § 522(f)(1) provides a means for a debtor to avoid a judgment lien on exempt property. ... The Bankruptcy Code does not limit the avoidance of judicial liens to those liens that are enforceable. ... For the reasons stated above, CRP currently holds an unenforceable lien for the purposes of § 522(f).

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption available under federal or state law.

Korry Gilbert Golding · filed 2020-08-07(f)(1)

Section 522(f)(1) permits a debtor to avoid a judicial lien “on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled” under federal or state law.

Section 522(f) lets a debtor avoid a judicial lien to the extent it impairs an exemption, using the statutory lien, other liens, exemption, and property-value calculation.

Robert Lee Barbee · filed 2021-09-28(f)(1)(A) and (f)(2)(A)

Under Bankruptcy Code § 522(f)(1)(A), the debtor “may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled . . . if such lien is . . . a judicial lien . . . .” ... Because the value of the debtor’s life interest is less than his exemption, the court finds that the lien is due to be avoided.

Section 522(f) lets a debtor avoid a lien that impairs an exemption regardless of whether the debt secured by the lien is dischargeable.

Gantt v. First Alabama Bank (In Re Gantt) · filed 1980-08-26(f)

Similarly, the court’s inquiry into the avoidance of liens which impair a debt- or’s right to exemptions is wholly unaffected by the nature of the debt which is secured by those liens.

Section 522(f) allows a debtor to avoid certain liens that impair an exemption, including nonpossessory, nonpurchase-money security interests in household goods.

Matter of Primm · filed 1980-09-11(f)

Based on the aforementioned section of the Code, this Court concludes that § 522(f) of Title 11 applies to Chapter 13 cases just as it does to Chapter 7 cases and therefore, it is constitutional to avoid a lien where a security interest was created prior to the effective date of the Bankruptcy Reform Act of 1978.

Section 522(f)(1) lets a debtor avoid a judicial lien that impairs an exemption, but it does not apply to a statutory lien that arose automatically.

Sato v. Property Improvement & Supply Corp. (In Re Sato) · filed 1980-10-09(f)(1)

But, Property Improvement’s lien was not obtained by judgment. Its lien arose on the first day that it supplied labor and materials to improve the debtors’ property, Wis.Stat. § 289.01(2), (4) (1977); Duitman v. Liebelt, 17 Wis.2d 543, 549, 117 N.W.2d 672 (1962), and was virtually automatic under the Wisconsin Construction Lien Law. Wis.Stat. Ch. 289.01 et seq. (1977). Thus Property Improvement’s lien was a creature of statute and not the result of judicial action.

Section 522(f) lets a debtor avoid a nonpossessory, nonpurchase-money lien to the extent it impairs an exemption.

Household Finance Corp. v. Brahm (In Re Brahm) · filed 1980-11-26(f)

The fact that a lien may impair an exemption, giving rise to a lien avoidance, does not invalidate the lien but merely the remedy.

Section 522(f) allows a debtor to avoid certain nonpurchase-money, nonpossessory security interests in consumer goods that impair an exemption, including in a Chapter 13 proceeding.

In Re Bowles · filed 1981-01-05(f)

Section 522(f) overrides the allowed secured status of a claim holder in a Chapter 13 proceeding and does not conflict with § 1325(a)(5) or with § 506.

Section 522(f) lets a debtor avoid certain liens on property to the extent they impair an exemption.

Pillow v. Avco Financial Services (In Re Pillow) · filed 1981-01-08(f)

For these reasons, Section 522(f) is constitutional.

Section 522(f)(2) lets a debtor avoid a nonpossessory, nonpurchase-money security interest in specified property to the extent it impairs an exemption.

Campbell v. AVCO Financial Services (In Re Campbell) · filed 1981-01-08(f)(2)

One element of § 522(f) cannot be too strongly emphasized — the only types of liens which can be avoided under that section are liens which impair exemptions.

Section 522(f)(2) lets a debtor avoid a nonpossessory, nonpurchase-money security interest in household goods when it impairs an exemption.

Meadows v. Barclays American Corp. (In Re Meadows) · filed 1981-03-23(f)(2)

Congress never intended for the states to have the power to opt out of 11 U.S.C. § 522(f)(2) despite the grant of authority to states to determine the amount of exemptions which they could allow.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption.

Burkholder v. National Central Bank (In Re Burkholder) · filed 1981-05-21(f)(1)

In order to avoid the Bank’s lien, or otherwise adversely affect its interest in the exempt property, the debtor must affirmatively seek the Court’s review to avoid the lien pursuant to Section 522(f).

Section 522(f)(1) lets a debtor avoid the fixing of a judicial lien to the extent it impairs an exemption.

Clark v. Savings & Trust Co. of Pennsylvania (In Re Clark) · filed 1981-06-03(f)(1)

We hold that Congress was acting reasonably under its Bankruptcy power when it determined that a more modern bankruptcy law was required and established a scheme of exemptions, which it further protected by providing an ability to avoid the fixing of judicial liens which impaired these exemptions.

Section 522(f)(1) permits a debtor to avoid a judicial lien to the extent it impairs an exemption to which the debtor would otherwise have been entitled.

Farmers & Merchants Bank of Boones Mill v. Boyd (In Re Boyd) · filed 1981-06-16(f)(1)

It is ORDERED that the judgment liens of Bank be and are hereby avoided as to the Debtor’s exemption pursuant to 11 U.S.C. § 522(f)(1), and as to the trustee with reference to the remaining balance which is adjudged a preference.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption to which the debtor would have been entitled under § 522(b).

Lattimore v. Walt's Tree Service, Inc. (In Re Lattimore) · filed 1981-06-25(f)(1)

The lien in question encroaches on, or impairs the amount of the exemption otherwise allowable. Therefore, the debtor is within the section.

Section 522(f) lets a debtor avoid a judicial lien to the extent it impairs an exemption.

Green v. United States (In Re Green) · filed 1981-07-20(f)

Therefore, the motion for dismissal fails and § 522(f) of the Code is applicable to a judicial lien, and the Debtor may avoid the fixing of a lien on an interest of the Debtor in property to the extent that such lien impairs an exemption of the Debtor.

Section 522(f)(1) lets a debtor avoid a judicial lien only to the extent it impairs an exemption.

In Re Carswell · filed 1981-08-20(f)(1)

Title 11 U.S.C. § 522(f)(1) empowers the debtor to avoid a judicial lien which impairs an exemption of the debtor.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption, including through a chapter 13 plan.

In Re Graham · filed 1981-12-31(f)(1)

For all of the above reasons, we find that the debtor herein may avoid the lien of the DPW on his residence pursuant to § 522(f)(1).

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption to which the debtor would have been entitled.

Flege v. Akron City Hospital (In Re Flege) · filed 1982-02-17(f)(1)

Therefore, it is the conclusion of this Court that Debtors may avoid the judicial liens held by Defendant, M. O’Neil Co., in the amount of $220.80 plus costs and interest and the judicial lien of Akron City Hospital in the amount of $793.83 plus costs and interest pursuant to 11 U.S.C. Section 522(f)(1) as said liens impair exemptions duly claimed by Debtors under Ohio Revised Code Section 2329.66(A)(1).

Section 522(f)(1) lets a debtor avoid a judicial lien only to the extent it impairs an exemption.

Farley v. Moore's Building Supplies (In Re Farley) · filed 1982-04-29(f)(1)

The debtors may avoid the judicial lien of Moore’s Building Supplies.

Section 522(f) lets a debtor avoid a lien impairing an exemption available under § 522(b), including a state law exemption.

England v. First National Bank of Bonham (In Re England) · filed 1982-08-11(f)

However, § 522(f) provides for the avoidance of a lien impairing an exemption to which the debtor is entitled under § 522(b). Section 522(b)(2)(A) allows the debtor to claim exemptions provided by state law. Statutory construction therefore allows the debtor to avoid liens on exemptions provided by state law and is in no way limited to the federal exemption provisions.

Section 522(f) lets a debtor avoid judicial liens and certain non-possessory, non-purchase money security interests to the extent of state-law exemptions.

O'MALLEY v. Rapidan River Farm · filed 1982-11-04(f)

We agree with this statement of the law. The power to avoid those interests contained in § 522(f) indeed operates independently of a state’s choice regarding its exemption scheme. ... Moreover, even where enforcement of a livery stable keeper’s lien, provided for by statute, contemplates effectuation through the court system, such proceedings do not transform the underlying interest into a judicial lien. ... In any case, § 522(f) operates only to avoid those liens which, by definition are obtained “by judgment, levy, sequestration, or other legal or equitable process or proceeding.”

Section 522(f) allows a debtor to avoid a lien that impairs an exemption the debtor would have been entitled to claim, including in a Chapter 13 case.

Mitchell v. Finance One of America (In Re Mitchell) · filed 1982-11-16(f)

Section 522(f) of the Bankruptcy Code allows a debtor to avoid a lien to the extent that such lien impairs an exemption “to which the debtor would have been entitled ...” This language does not explicitly limit the applicability of § 522 to only those cases in which an exemption is actually taken — i.e. Chapter 7 proceedings. Furthermore, 11 U.S.C. § 103 specifically provides that “Chapters 1, 3, and 5 of this title apply in a case under Chapter 7,11, or 13 of this title.” These two Code sections, when read together, indicate that the lien avoidance provisions of § 522(f) are applicable to Chapter 13 proceedings.

Section 522(f) allows a debtor in a Chapter 13 proceeding to avoid a nonpossessory, nonpurchase-money security interest to the extent it impairs an exemption.

Cameron v. Georgia Central Bank (In Re Cameron) · filed 1982-12-02(f)

Therefore, the relief which the plaintiff seeks is granted and the Bank’s security interest in “two rooms of furniture consisting of one bed, one nightstand, one dresser, one hutch, two-piece living room suite, (and) one 1978 Zenith TV” is hereby declared to be avoided as contemplated by 11 U.S.C. § 522(f).

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption, even when the property has no equity.

Shelton v. Wells (In Re Shelton) · filed 1983-03-08(f)(1)

Despite the fact that Debtors do not have any equity in the real estate, the judgment lien is avoidable, to the extent of the exemptions claimable, under 11 U.S.C. § 522(f)(1), In re Dewyer (Bkrtcy., Pa.1980) 11 B.R. 551; In re Farley (Bkrtcy., Tenn., 1982) 19 B.R. 868; contra, In re Boteler (Bkrtcy., Ala., 1980) 6 B.C.D. 798, 5 B.R. 408, even though the debt underlying the judgment may be nondischargeable.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption, including post-enactment gap-period liens.

Hoffman v. Internal Revenue Service (In Re Hoffman) · filed 1983-03-18(f)(1)

For these reasons, the preenactment judgment lien in Hairston may not be avoided by 11 U.S.C. § 522(f)(1). ... Based upon this analysis, this Court holds that the judgment liens in Hoffman are subject to avoidance by the retroactive application of 11 U.S.C. § 522(f)(1).

Section 522(f) lets a debtor avoid a judicial lien or certain nonpossessory, nonpurchase-money security interests to the extent that the lien impairs an allowable exemption.

In Re Brooks · filed 1983-06-22(f)

The same principle should apply under Code § 522(f) with respect to avoiding judicial liens or nonpossessory, nonpurchase-money security interests to the extent that such liens impair allowable exemptions. Each jointly filing spouse may claim separately the N.Y. CPLR § 5206 homestead exemption of $10,000 for a homestead, but not cumulatively for $20,000.

Section 522(f) allows a debtor to avoid certain liens impairing an exemption, but does not apply to liens arising before the Bankruptcy Reform Act of 1978.

In Re Hickey · filed 1983-08-24(f)

The authorities are unanimous that the filing of a continuation statement does not give rise to a new lien. Instead, its only effect is to continue the perfection of the previously existing lien. ... Hence, it becomes clear that City Savings’ lien cannot be avoided, in light of the Supreme Court’s interpretation of § 522(f) in the Security Industrial Bank case.

Section 522(f) lets a debtor avoid a lien only to the extent that the lien impairs an exemption.

In Re Roehrig · filed 1983-10-13(f)

As to complainant’s analogy herein to the fresh start rationale for § 522(f) set forth in the Congressional Record, two distinguishing features must be noted: (1) the lien avoidance remedy of § 522(f) is an elective remedy; and (2) § 522(f) is available only to the limited extent that said lien impairs an exemption.

Section 522(f) allows a debtor to avoid a judicial lien to the extent it impairs an exemption, while the lien remains enforceable beyond the exemption amount.

Morelock v. All-Phase Electric Supply Co. (In Re Morelock) · filed 1983-11-21(f)

Since the liens in this case are judicial in nature, 11 U.S.C. § 522(f) would be available in Ohio to avoid judicial liens which impair an exemption.

Section 522(f)(1) permits a debtor whose claimed exemption has been allowed to avoid judicial liens that may impair the exemption.

Rosen v. Alderson (In Re Rosen) · filed 1983-11-22(f)(1)

Where an individual debtor in a bankruptcy case has claimed property exempt and the exemption has been allowed, § 522(f)(1) permits the debtor to avoid judicial liens which may impair the claimed exemption.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption.

Gallardo v. Farmers & Merchants State Bank (In Re Gallardo) · filed 1983-12-20(f)(1)

In the present case the right of redemption which exists pursuant to Ohio Revised Code § 2329.33 is an interest which becomes part of the bankruptcy estate upon the filing of the petition. This right is an interest in real estate which is entitled to be exempted from the estate. Ohio Revised Code § 2329.66(A)(1). Since this exemption is an interest in property that is impaired by a judicial lien, the lien is subject to avoidance by the exercise of the power under 11 U.S.C. § 522(f).

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption to which the debtor would have been entitled.

In Re Dionne · filed 1984-06-06(f)(1)

Accordingly, we conclude that for the purpose of determining the debtor’s exemption in entireties property, one-half of the equity in the subject property should be allocated to the debtor. In this case, that equity is $4,500, all of which is exempt pursuant to 11 U.S.C. § 522(d). Citizens concedes that it may retain its lien only on that portion of the debtor’s equity that exceeds his exemption. Citizens’ Brief at 5. Because there is no excess equity, and because the lien would impair the debtor's exemption, Citizens’ lien is avoided pursuant to § 522(f)(1), and the debtor’s motion to avoid Citizens’ lien is granted.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption.

Washington v. Virginia State Education Assistance Authority (In Re Washington) · filed 1984-06-18(f)(1)

Thus, the debtor may avoid a judicial lien pursuant to § 522(f)(1) to the extent that it impairs an exemption. ... Although this Court shall make a finding that the debt is dischargeable in bankruptcy, it must also find that the debtors are not able to avoid the judgment lien by application of 11 U.S.C. § 522(f).