Nickles has filed a  case. He resides in a home jointly owned by him and his ex-spouse, and that is subject to a mortgage with an outstanding principal balance of $50,000. Nickles also had a judgment recently entered against him in the amount of $15,000, arising out of an unpaid gambling debt to Epstein. Prior to Nickles's filing, Epstein recorded a lien against Nickles's house based on the judgment. Nickles listed the value of his residence as $100,000, and his interest in it as $50,000. He has also claimed a $20,000 homestead exemption per applicable state law. Nickles has moved to avoid Epstein's entire lien under section 522(f) on the ground that the impairment is more than the amount of the lien: (mortgage ($50,000) + exemption ($20,000) + challenged lien ($15,000) = $85,000 - value of debtor's interest in the property ($50,000) = $35,000). If you represent Epstein how will you challenge Nickles's calculation under section 522() (2)? See Sandoval v. Taylor (n re Taylor), 899 F.3d 1126 (10th Cir. 2018).

Answer rating: 100% (QA)

As Epsteins representative I would challenge Nickless calculation under section 522f2A by arguing th... View the full answer