In re Saad, 642 B.R. 329 (Bankr. M.D. Fla. 2022)
Jun 29, 2022OUTCOME: Victory. The Debtor was entitled to claim his home as exempt, and avoid the judgment lien.
The Debtor sought to avoid a judgment lien on their primary residence, purchased before a judgment lien was attached to the property. The Debtor returned to their residence after the lien attached, and ... filed for bankruptcy, claiming the residence as their homestead. The judgment lien creditor filed a motion for relief from stay to foreclose on the residence, asserting that abandonment was cause for stay relief. The Debtor thereafter moved to avoid the judgment lien, asserting the lien encumbered property the Debtor would have been able to claim as exempt but for the judgment lien itself.