United States Third Circuit

When a residence is owned jointly by a debtor and a non-debtor, the debtor owns one half of the property, to which one half of mortgage debt is attributable, thus "property" (under 11 U.S.C. section 522(f)(2)(A)(ii)) means the debtor's interest in the property, and a judgment lien is allocated proportionately among the interests in the property.

Appellate Information

• Decided 08/06/2002
• Published 08/06/2002

Judges

• Before:  SCIRICA and GREENBERG, Circuit Judges, and FULLAM, District Judge .

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Michael J. Graml, Erie, PA, for Appellant.


• For Appellees:
  
• Craig A. Markham, Elderkin, Martin, Kelly & Messina, Erie, PA, for Appellee.