Avoiding lien under 522f where property acquired after lien: Farrey
Posted: Tue Nov 29, 2011 10:08 pm
Judgment Debtor acquires real estate several years /after/ the
judgment is recorded. Debtor files a Chapter 7 case and wished to
avoid the lien under 522(f) and the mathematical test would allow it.
_In re Pederson_, 230 BR 158 (9th Cir BAP 1999). following _Farrey
vs. Sanderfoot_ , 500 U.S. 291 (1991), held that the lien "fixes" to
the debtor's interest in the property simultaneously with the
purchase of the property and therefore debtor did not own the
property BEFORE the lien affixed and, therefore, it cannot be avoided.
There is a New Mexico case (_In re Pacheco_, 342 BR 352 (Bankr. N.M.
2006)) which holds the opposite, distinguishing both Farrey and
Pederson, and following the recommendation set forth in Colliers
that the temporal fixing of the lien is irrelevant and the lien
should be avoidable (assuming the mathematics otherwise allow it).
Has anyone had any success avoiding a lien under these facts in our
district?
Thanks all...
**************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.