KLEIN LAW GROUP, P.A. Page 1 of 2 

4800 N. FEDERAL HWY., SUITE B-307, BOCA RATON, FLORIDA 33431 

TEL:(561) 353-2800  FAX:(561) 353-1250  EMAIL: ENK@KLEINATTORNEYS.COM

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

IN RE: 

XIAO LING 

 Debtor. 

Case No.: 20-23376-EPK 

Chapter: 7 

MOTION TO AVOID JUDICIAL LIEN ON EXEMPT PROPERTY 

Any interested party who fails to file and serve a written response to this motion 

within 21 days after the date of service stated in this motion shall, pursuant to 

Local Rule 9013-1(D), be deemed to have consented to the entry of an order in the 

form attached to this motion. Any scheduled hearing may then be canceled.

COMES NOW the Debtor, XIAO LING (“DEBTOR”), by and through undersigned 

counsel, respectfully moves this Court to issue an Order to avoid a judicial lien impairing Debtor’s 

exemptions pursuant to 11 U.S.C. 522, Bankruptcy Rule 4003(d), and in support thereof state as 

follows: 

1. This proceeding was originally filed on December 8, 2020, as a voluntary Chapter 13 

bankruptcy. Nicole Testa Mehdipour was appointed as the Chapter 7 Trustee. The 11 U.S.C. § 341 

meeting of creditors is to be held on January 12, 2021. 

2. Debtors’ petition lists certain real property as homestead and exempt pursuant to Fla. 

Const. art. X, § 4(a)(1), and Fla. Stat. §§ 222.01, 222.02. Said property is more fully described as 

follows: 

LOT 223, TRAILS AT CANYON – PLAT THREE, according to the plat thereof, as 

recorded in Plat Book 113 at Page 174, of the Public Records of Palm Beach County, 

Florida 

Parcel I.D.: 00-42-45-29-12-000-2230 

Street Address: 8512 Serena Creek Ave., Boynton Beach, FL 33473

Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 1 of 15
KLEIN LAW GROUP, P.A. Page 2 of 2 

4800 N. FEDERAL HWY., SUITE B-307, BOCA RATON, FLORIDA 33431 

TEL:(561) 353-2800  FAX:(561) 353-1250  EMAIL: ENK@KLEINATTORNEYS.COM

3. Sunrise Food Trading, Inc., and Credit Counsel, Inc., (“CREDITORS”) were named as 

creditor’s in Debtor’s Bankruptcy Petition. Creditors hold a judgment in the amount of $269,872.90 

recorded on February 12, 2020 in Book 31220, Page 1879-1881, of the Public Records of Palm 

Beach County, Florida, and on February 12, 2020 in Book 31220, Page 1871-1878, of the Public 

Records of Palm Beach County, Florida. A copy of said judicial lien is attached hereto and 

incorporated by reference as EXHIBIT “A.” 

4. Said lien is not a domestic support obligation as set forth in 11 U.S.C. §523(a)(5) 

5. Said lien impairs an exemption to which Debtor is entitled under Fla. Const. art. X, § 

4(a)(1), and Fla. Stat. §§ 222.01, 222.02. Pursuant to 11 U.S.C. 522(f), Debtor seeks to avoid the 

lien as it “impairs an exemption” to which Debtor is entitled. 

WHEREFORE, Debtor respectfully requests this Court enter an Order granting this Motion, 

void the judicial lien created by Sunrise Food Trading, Inc., and Credit Counsel, Inc., reclassify the 

claim as an unsecured claim, and any further relief this Court deems just and proper. 

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for 

the Southern District of Florida and I am in compliance with the additional qualifications to practice 

in this Court as set forth in Local Rule 2090-1(A). 

Respectfully submitted, 

KLEIN LAW GROUP, PA 

4800 N. Federal Hwy., Suite B-307 

Boca Raton, Florida 33431 

Tel: (561) 353.2800 

 Fax: (561) 353.1250 

Email: enk@kleinattorneys.com 

Attorney for Debtors 

By: /s/ Eric Klein____________ 

 Eric N. Klein 

 Florida Bar No.: 0035985 

Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 2 of 15
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

IN RE: 

XIAO LING 

 Debtor. 

Case No.: 20-23376-EPK 

Chapter: 7 

ORDER GRANTING DEBTOR’S MOTION TO AVOID JUDICIAL LIEN 

ON EXEMPT PROPERTY 

 THIS CAUSE having come before the court upon the Debtor’s Motion to Avoid Judicial 

Lien on Exempt Property [E.C.F. ##] without objection, and the movant by submitting this form of 

order having represented that the motion was served on all parties required by Local Rule 9013-

1(D), that the 21-day response time provided by that rule has expired, that no one has filed, or served 

on the movant, a response to the motion, and that the form of order was attached as an exhibit to the 

motion, accordingly it is ORDERED AND ADJUDGED as follows: 

1. The Motion is GRANTED. 

Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 3 of 15
2. That the lien placed by Sunrise Food Trading, Inc., and Credit Counsel, Inc., 

(“CREDITORS”) in the amount of $269,872.90 plus interest, recorded on February 12, 2020 in 

Book 31220, Page 1879-1881, of the Public Records of Palm Beach County, Florida, and on 

February 12, 2020 in Book 31220, Page 1871-1878, of the Public Records of Palm Beach County, 

Florida, on the following property: 

LOT 223, TRAILS AT CANYON – PLAT THREE, according to the plat thereof, as 

recorded in Plat Book 113 at Page 174, of the Public Records of Palm Beach County, 

Florida 

Parcel I.D.: 00-42-45-29-12-000-2230 

Street Address: 8512 Serena Creek Ave., Boynton Beach, FL 33473

is hereby voided. 

###

Submitted by:

Eric N. Klein, Esq. 

Klein Law Group, P.A. 

4800 N. Federal Highway, Suite 307-B 

Boca Raton, FL 33431 

Tel. (561) 353-2800 

Attorney Klein is directed to mail a conformed copy of this Order to all interested parties 

immediately upon receipt of this Order and shall file a certification of service with the Clerk of 

the Court.

Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 4 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 5 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 6 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 7 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 8 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 9 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 10 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 11 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 12 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 13 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 14 of 15
Case 20-23376-EPK Doc 12 Filed 12/21/20 Page 15 of 15