Galvan v. Galvan (In Re Galvan)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing order which avoided hen to amount of exemption but left remainder unaffected where there was no surplus equity
• “unsecured liens allowed to remain on the debtor’s property will impair a debt- or’s fresh start by partaking in post-petition property acquisitions and equity build up.”
• establishing two-step process for determining lien avoidance under § 522(f)(1)
• avoidance of both secured and unsecured portion of judicial lien
• avoidance of both secured and unsecured portion of judicial lien
• debtor’s fresh start entitles him to “reap the fruits” of post petition appreciation of his real estate, therefore the unsecured portion of a judicial hen cannot remain as a charge against the property in which the debtor has exemption rights

Source: CourtListener parenthetical corpus (CC0).