IN RE SHESTKO-MONTIEL

Bankruptcy No. 90-02459-TUC-LO, "M" No. 90-1286.

125 B.R. 801 (1991)

In re Lupita SHESTKO-MONTIEL, Debtor. Ernest R. MONTIEL, Movant, v. Lupita SHESTKO-MONTIEL, Respondent.

United States Bankruptcy Court, D. Arizona.

January 31, 1991.


Attorney(s) appearing for the Case

Michael Strauss, Tucson, Ariz., trustee.

Richard Burris, Tucson, Ariz., for Ernest Montiel.

Michael Barton, Tucson, Ariz., for Lupita Shestko-Montiel.


OPINION

LAWRENCE OLLASON, Bankruptcy Judge.

Movant sought relief from stay to foreclose on a real property lien awarded to him in the pre-petition dissolution of his marriage with the debtor. Debtor objected and moved for avoidance of that lien pursuant to 11 U.S.C. section 522(f). Movant asserts that the obligation secured by the lien is in the nature of support or maintenance. The relevant facts are not disputed.

Generally stated, the divorce court...

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