IN RE SNOW

Bankruptcy No. 686-01203, Adv. No. 686-01203(1), 686-01203(2).

71 B.R. 186 (1987)

In re Charles Richard SNOW and Janet Lee Snow, Debtors. Richard GREEN, Plaintiff, v. Charles Richard SNOW and Janet Lee Snow, Defendants. Charles Richard SNOW and Janet Lee Snow, Plaintiffs, v. Richard GREEN, Defendant.

United States Bankruptcy Court, W.D. Virginia, Charlottesville Division.

March 17, 1987.


Attorney(s) appearing for the Case

C. Waverly Parker, Stanardsville, Va., for Richard Green.

W. Stephen Scott, Charlottesville, Va., for debtors.

Leroy R. Hamlett, Jr., Charlottesville, Va., Trustee.


MEMORANDUM OPINION

WILLIAM E. ANDERSON, Bankruptcy Judge.

This case presents the question of whether a debtor may, pursuant to 11 U.S.C. § 522(f)(1), avoid the fixing of a judicial lien on property that in the absence of the lien would be exempt under state law, even though state law defines the property as nonexempt because it is encumbered by a judicial lien arising out of a claim for unpaid rent.

This is a core proceeding which the court...

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