IN RE CALLOWAY

No. 09-12133 B.

423 B.R. 627 (2010)

In re Tanya R. CALLOWAY, Debtor.

United States Bankruptcy Court, W.D. New York.

February 16, 2010.


Attorney(s) appearing for the Case

Diane Ciurczak, Buffalo, NY, for the Debtor.

Bulan, Chiari, Horwitz & Ilecki LLP, Buffalo, NY (William Ilecki, of counsel), for 1256 Hertel Avenue Associates, LLC.


DECISION & ORDER

BUCKI, Chief Judge.

Pursuant to 11 U.S.C. § 522(f), the debtor has moved to avoid a judgment lien that a creditor had perfected prior to August 30, 2005, that being the effective date of the statutory amendment that increased New York's homestead exemption from $10,000 to $50,000. Asserting that the amendment can have no retroactive effect, the judgment creditor objects to the debtor's motion on both statutory and constitutional...

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