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Bankruptcy Section 522(f)(1)(A)
This is the statute that sets out the
priority family claimants have in
bankruptcy
over the exemptions the debtor would otherwise enjoy. his is the text of 11 U.S.C. §522(f)(1)(A).
(f) (1) Notwithstanding any waiver
of exemptions but subject to paragraph (3), the debtor may avoid the fixing
of a lien on an interest of the debtor in property to the extent that such
lien impairs an exemption to which the debtor would have been entitled
under subsection (b) of this section, if such lien is--
(A) a judicial lien, other
than a judicial lien that secures a debt--
(i) to a spouse, former spouse,
or child of the debtor, for alimony to, maintenance for, or support of
such spouse or child, in connection with a separation agreement, divorce
decree or other order of a court of record, determination made in accordance
with State or territorial law by a governmental unit, or property settlement
agreement; and
(ii) to the extent that such debt--
(I) is not assigned to another
entity, voluntarily, by operation of law, or otherwise; and
(II) includes a liability designated
as alimony, maintenance, or support, unless such liability is actually
in the nature of alimony, maintenance or support.
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