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In re Renee Julia Liss

10-11690
The Debtor moved to reopen her bankruptcy case to avoid a judgment lien, arguing it impaired a homestead exemption in the subject property.  The Claimant objected.  The Debtor was permitted to reopen her bankruptcy case.  The request seeking lien avoidance was heard separately.  It was set for an evidentiary hearing at which the Debtor testified; the Claimant argued the Debtor lacked sufficient evidence for her valuation of the property.  Afterwards, the Court granted the Debtor’s request to avoid the lien, finding that the Claimant, as the objecting party, failed to meet its burden of proof to show the exemption was not properly claimed under Fed. R. Bankr. P. 4003(c): the Claimant failed to bring in any evidence that the property was worth more than the amount claimed by the Debtor.

Date: 
Thursday, July 21, 2022