OPINION
THOMAS C. GIBBONS, Bankruptcy Judge:
The issue presented in this case, upon motion of the defendant for judgment on the pleadings, is whether a debtor under the Bankruptcy Code can use 11 U.S.C. § 522(f) to avoid a mortgage on a parcel of real property which is inferior to an avoidable judicial lien. We find that the mortgage is not avoidable under § 522(f).
The facts are as follows. The debtor is the owner of two parcels of real...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
