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Barrow v. Certified Developers & Management Co. (In re Barrow)

Citations: 95 B.R. 502; 1989 Bankr. LEXIS 124Docket: No. B88-00568-Y

Court: United States Bankruptcy Court, N.D. Ohio; January 26, 1989; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

The case involves Debtors who filed an adversary complaint to avoid a judgment lien under 11 U.S.C. § 522(f)(1). The Debtors purchased their Ohio property in 1977, which later sustained substantial damage from natural disasters and was repaired using insurance proceeds. In 1988, a default judgment was obtained by CERTIFIED DEVELOPERS MANAGEMENT CO. (CDM) against the Debtors, resulting in a lien on their property. Following their Chapter 7 bankruptcy filing, the Debtors claimed a $10,000 homestead exemption under Ohio law, arguing that the fair market value of their property was $65,000. CDM contested this valuation but did not provide contrary evidence. The Court addressed whether to apply a fair market or replacement value, ultimately favoring fair market value to reflect the price achievable in a sale. This decision was crucial in supporting the Debtors' homestead exemption claim. Consequently, the Court sustained the Debtors' complaint, effectively avoiding CDM's lien on the property. The order concluded with the judgment in favor of the Debtors, reinforcing the application of fair market value in such circumstances.

Legal Issues Addressed

Determination of Property Value for Homestead Exemption

Application: The Court determined that the fair market value, rather than replacement value, should be used to assess the property's value for homestead exemption purposes.

Reasoning: The Court considered whether to apply fair market value or replacement value for the property. It determined that fair market value, which reflects what a willing buyer would pay a willing seller, is the appropriate standard.

Homestead Exemption under Ohio Law

Application: The Debtors claimed a $10,000 homestead exemption, which was upheld by the Court in avoiding the judgment lien.

Reasoning: The Debtors claimed a $10,000 homestead exemption under Ohio law and sought to avoid CDM’s judgment lien, asserting their property had a fair market value of $65,000.

Lien Avoidance under 11 U.S.C. § 522(f)(1)

Application: The Debtors successfully used 11 U.S.C. § 522(f)(1) to avoid a judgment lien that impaired their homestead exemption.

Reasoning: An adversary complaint was filed by the Debtors seeking to avoid a judgment lien under 11 U.S.C. § 522(f)(1).