In re Silveira
United States Court of Appeals for the First Circuit
141 F.3d 34 (1998)
Relevant factsFree
Thomas Silveira (plaintiff) claimed a $15,000 homestead exemption in his residence, stipulated at a $157,000 fair market value, which was subject to a $117,680 mortgage and a $209,500 judicial lien held by East Cambridge Savings Bank (the Bank) (defendant); Silveira sought to avoid the Bank's entire $209,500 lien under §522(f), and the bankruptcy court and district court agreed, reasoning full avoidance served Chapter 7's "fresh start" purpose. The Bank appealed.
IssueFree
Whether 11 U.S.C. §522(f) entitles a debtor to avoid a judicial lien in its entirety, when the statutory formula shows the lien only partially, rather than completely, impairs the debtor's exemption.