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IN RE GUNTER

Bankruptcy No. 88-03910-NB, Adv. No. 89-0111-NB.

100 B.R. 311 (1989)

In re Morris Glenn GUNTER, and Clarissa Boehm Gunter, Debtors. Morris Glenn GUNTER, and Clarissa Boehm Gunter, Plaintiffs, v. GMAC FINANCING CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Virginia, Norfolk Division.

May 23, 1989.

Attorney(s) appearing for the Case

Dandridge H. Yon, for debtors.

The Legal Clinic of Stewart R. Gordon, Virginia Beach, Va., Carl A. Eason, Virginia Beach, Va., for defendant.

Charles L. Marcus, trustee for Chapter 7 Estate, Portsmouth, Va.

Debra F. Conlon, Asst. U.S. trustee, Norfolk, Va.

OPINION

HAL J. BONNEY, Jr., Bankruptcy Judge.

Can the debtors avoid a judicial lien on their personal residence even if they have no equity in the property? Pursuant to 11 U.S.C. Section 522(f), the debtors seek to avoid a judicial lien on their residence held by GMAC Financing Corporation ("GMAC"). GMAC claims that 11 U.S.C. Section 522(f) applies only when the debtor possesses equity in the exempted property. It objects to the avoidance of its judicial...

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