McCarthy v. Brevik Law, No. 13-6042 (8th Cir. 2013)
Annotate this CaseDebtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. At issue on appeal was whether debtor had standing under Bankruptcy Code 522(h) to bring his action under Bankruptcy Code 545(2). Section 522(b) permitted a debtor to use certain exemptions, and generally, a debtor could exempt property that was exempt under section 522(d). In this instance, the amount of the exemption claimed by debtor under section 522(d)(1) was within the statutory limit allowed under that section, and the parties stipulated that the property was debtor's homestead. Accordingly, debtor had standing to bring his adversary proceeding where there was no basis in the record upon which the property would have been disqualified from being exempt if the trustee had avoided the lien.
Court Description: Bankruptcy Appellate Panel. Debtor had standing under Code Sec. 522(h) to bring an adversary proceeding to avoid the statutory fee lien of Brevik Law, and the bankruptcy court erred in dismissing the proceeding. [ October 24, 2013
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