IN RE SANDERS

No. 93-4136.

39 F.3d 258 (1994)

In re Odell Lynard SANDERS, Debtor. DAVID DORSEY DISTRIBUTING, INCORPORATED, Petitioner-Appellee, v. Odell Lynard SANDERS, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

November 1, 1994.


Attorney(s) appearing for the Case

William Thomas Thurman, McKay, Burton & Thurman, Salt Lake City, UT, for respondent-appellant.

Chris L. Schmutz, Salt Lake City, UT, for petitioner-appellee.

Before MOORE, LAY, and MCWILLIAMS, Circuit Judges.


MOORE, Circuit Judge.

The principal question presented in this case is whether the district court correctly held the avoiding of a judicial lien under 11 U.S.C. § 522(f) is limited to the value of the debtor's homestead exemption in the property under lien. The district court further held, because liens cannot attach to the Utah homestead, application of § 522(f) is superfluous in this case. We agree with the district court's analysis and affirm.

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