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IN RE MOORE

BAP No. 12-6061.

495 B.R. 1 (2013)

In re Patricia Anne MOORE, Debtor. J & M Securities, LLC, Creditor-Appellant v. Patricia Anne Moore, Debtor-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: July 8, 2013.

Attorney(s) appearing for the Case

Jay Robert Burns, Jr. , argued, Saint Louis, MO, for appellant.

Steven C. Bain , argued, Saint Louis, MO, for appellee.

Before KRESSEL, SALADINO and SHODEEN, Bankruptcy Judges.

KRESSEL, Bankruptcy Judge.

J & M Securities, LLC, appeals from an order of the bankruptcy court1 granting Patricia Anne Moore's motion to avoid a judicial lien on her homestead. Plainly stated, the ultimate question in this case is whether a state law exception to an exemption for a single creditor can prevent the debtor from exempting her homestead from property of the estate. 11 U.S.C. § 522(b). We hold that it does not and...

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