Although the retention of collateral validly repossessed prior to the filing of the petition does not violate the stay, the sale of that property does violate the stay and the sale is void. (Bonapfel) In re Rakestraw, 2022 WL 4085881 (Bankr. N.D. Ga. Sept. 6, 2022) Case Summary Ms. Rakestraw filed Chapter 13 on August 12, 2022, listing her ownership...
From the Editor – Avoidance Actions
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By The Honorable William Houston Brown (Retired)
Lien avoidance and domestic support obligation. Interpreting § 522(f)(1)(A)’s exception from lien avoidance for a judicial lien securing a domestic support obligation, the court found that the lien at issue did not fit within § 101(14A)’s definition of a domestic support obligation; as a result, the lien was avoidable. In re Ballinger, ___ B.R. ____, 2013 WL 6383011 (Bankr. E.D. Ark. Nov. 25, 2013).
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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the . . .
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