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Bankruptcy Keyed to Bussel, 12th Ed.
In re Silveira
Citation:
141 F.3d 34 (1998)Facts
Thomas J. Silveira owned a primary residence with a stipulated fair market value of $157,000. The property was subject to a mortgage of $117,680 and a judicial lien of $209,500 held by East Cambridge Savings Bank. On May 9, 1995, Silveira filed a voluntary Chapter 7 bankruptcy petition and claimed a $15,000 exemption in the property pursuant to 11 U.S.C. § 522(d)(1). Silveira then filed a motion to avoid the Bank’s judicial lien in its entirety under 11 U.S.C. § 522(f)(1) and (f)(2)(A). The bankruptcy court granted the motion, allowing complete avoidance of the lien. The Bank appealed, arguing that Silveira should only be permitted to avoid the lien partially, to the extent necessary to protect his exemption.
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