A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?
Feb 2025