IN RE SWEETING

Bankruptcy No. 91-22912.

151 B.R. 322 (1992)

In re Linda and Richard SWEETING, Debtors.

United States Bankruptcy Court, W.D. New York.

March 23, 1992.


Attorney(s) appearing for the Case

Lucien A. Morin, II, Rochester, NY, Trustee.

Nancy L. Baker, Rochester, NY, for debtor.


DECISION

JOHN C. NINFO, II, Bankruptcy Judge.

The debtors have brought this motion, pursuant to 11 U.S.C. § 522(f)(1), to avoid a judgment lien to the extent such lien impairs their homestead exemption. There appears to be no dispute as to the facts. The issue is whether a judgment lien may be avoided under Section 522(f)(1) when there is a junior mortgage which postdates and follows the lien in priority under state law.

At the time the voluntary...

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