Botkin v. DuPont Community Credit Union, No. 10-1681 (4th Cir. 2011)
Annotate this CasePlaintiff filed a motion to avoid defendant's judicial lien under 11 U.S.C.A. 522(f) after plaintiff filed a voluntary petition for Chapter 7 bankruptcy. At issue was whether the district court erred in ruling that the Bankruptcy Code did not require a debtor to claim an exemption in the property subject to the judicial lien sought to be avoided under section 522(f). The court affirmed the district court's reversal of the bankruptcy court's denial of plaintiff's motion to avoid defendant's judicial lien because the district court correctly concluded that a debtor was not required to list her property as exempt in order to avoid a judicial lien that was impairing that exemption.
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