In re Jensen
In re Jensen
Opinion of the Court
SUMMARY ORDER
The debtor has moved to avoid the lien of American General Finance in her real and personal property. American General Finance objects to the motion.
American General Finance holds a security interest in the debtor’s television set, VCR and mobile home as security for a personal loan in the amount of $4,902.25. The debtor has claimed all the items as exempt.
The debtor is correct in asserting she may exempt the T.V. and VCR as personal property under Idaho Code § 11-605. Because the lien on these items is not a purchase money security interest the lien may be avoided under 11 U.S.C. § 522(f)(2)(A). Section 522(f)(2)(A) allows the debtor to avoid a lien on exempt property if the lien is a nonpossessory, nonpurchase-money security interest in household furnishings.
As to the exemption for the mobile home, Idaho Code § 55-1003 provides for a homestead exemption of up to $30,000 in value. Idaho Code § 55-1001 defines a homestead to include a mobile home and further states: “A mobile home may be exempted under this chapter whether or
A recent United States Supreme Court case, Owen v. Owen,
However, the present case is distinguishable from Owen since the debtor, Ms. Jensen, voluntarily gave American General a security interest in the mobile home. The lien arose from an agreement between the parties rather than through a judgment. The debtor freely consented to imposition of the lien upon her mobile home. The lien is thus not avoidable under Section 522(f).
Accordingly, it is hereby,
ORDERED:
The motion of the debtor to avoid the lien of American General Finance in her T.V. and VCR is granted.
The motion of the debtor to avoid the lien of American General Finance in her mobile home is denied.
. — U.S.-, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991).
Reference
- Full Case Name
- In re JENSEN, Lana M., Debtors
- Status
- Published