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Day: October 27, 2020

Motion to Reopen a Bankruptcy Case Granted in Order to Avoid a Judgment Lien for a Mortgage Deficiency Balance under §522(f)

In re Mammen, 2019 WL 2867103 (Bankr. E.D.Va 2019) (Slip Copy) Prior to the bankruptcy filing, the Debtors’ had a property which was foreclosed on. There was a deficiency balance in the amount of $294,380.21 plus interest, attorney’s fees, and costs recorded in Loudoun County, which attached to the Debtors’ residence at that time. Union Bank argues that the Judgment Lien cannot be avoided under §522(f) alleging that a deficiency judgment “arises out of “ a foreclosure and the Code prohibits the foreclosure of such liens and that the Debtors’ motion came 8 years after the case was closed and

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