Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

Section 522(f) is effective immediately to treat as unsecured a judgment lien held by a creditor, but the full effect of that lien release is not available until the Chapter 13 case completes. (Thurman) In re Petersen, 561 B.R. 788 (Bankr. D.Utah November 8, 2016)

Case Summary

In February of 2012, Cyprus Credit Union obtained a judgment against the Petersens in an amount exceeding $16,000. When Cyprus obtained its judgment, it recorded a judgment lien . . .

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