Bankr. No.:
93-40002
Adv. No.:
96-4037
Chapter:
7
Date of Decision:
January 31, 1997
Issue:
Main Case: Whether Debtor was entitled to have liens removed on certain exempt property under § 522(f)? Adversary: Whether Debtor should be awarded possession of exempt property and damages where case trustee returned possession of secured, exempt property to secured creditor?
Ruling:
Debtor could not have liens removed from certain exempt property under § 522(f) because the secured creditor has a possessory lien on the petition date.
Adversary: Case trustee properly returned collateral to secured creditor after Debtor declared the property exempt where creditor had a possessory secured interest on the petition date and where debtor could not have his lien removed under § 522(f)
Full Bankruptcy Court Decision:
