IN RE MEYER

BAP No. CC-06-1135-KMoB. Bankruptcy No. SA 05-16733-JB.

373 B.R. 84 (2007)

In re Stephen Louis MEYER, Debtor. All Points Capital Corp., Appellant, v. Stephen Louis Meyer, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 31, 2007.


Attorney(s) appearing for the Case

Scott E. Schutzman, Lee W. Chin, Law Offices of Scott E. Schutzman, Santa Ana, CA, for All Point Capital Corp.

R. Gibson Pagter, Pagter and Miller, Santa Ana, CA, for Stephen Louis Meyer.

Before: KLEIN, MONTALI, and BRANDT, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

The bankruptcy court avoided two judgment liens under 11 U.S.C. § 522(f) as impairing the debtor's exemption in co-owned real estate. Appellant wants the court's order avoiding the senior $275,000 lien to remain intact on a default theory but wants it reversed as to its own junior lien on the theory the court ignored $91,497.50 of nonexempt equity to which judgment liens can remain attached after bankruptcy.

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