Nature of the Case
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Facts
Silveira (P) filed Chapter 7. P's primary residence has a fair market value of $157,000. It is subject to a mortgage of $117,680. D holds a $209,500 judicial lien on the property. P claimed an exemption of $15,000 under 11 U.S.C. § 522(d)(1). P filed a motion to avoid D's $209,500 judicial lien to under § 522(f)(1) and § 522(f)(2)(A). The court ruled that the statutes permitted the debtor to avoid the lien in its entirety and granted P's motion. D appealed, claiming that § 522(f)(1) & (f)(2)(A) permitted only a partial avoidance of its judicial lien. The district court affirmed the bankruptcy court. D appealed.
Holding and Decision
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Legal Analysis
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