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IN RE PIKE

BAP No. CC-99-1441-MaPMe. Bankruptcy No. SA 98-25680 LR.

243 B.R. 66 (1999)

In re H.F. PIKE, Debtor. Jerry Katz, Appellant, v. H.F. Pike, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 28, 1999.

Attorney(s) appearing for the Case

Timothy J. Silverman, Solomon, Grindle, Silverman & Spinella, San Diego, CA, for Jerry Katz.

Donald Segretti, Costa Mesa, CA, for H.F. Pike.

Before MARLAR, PERRIS and MEYERS, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

In this appeal, a creditor asserts that his judicial lien, which was created prior to the declared homestead, cannot be avoided, even though it impairs the debtor's homestead exemption pursuant to § 522(f) of the Bankruptcy Code. The creditor argues that the Code is silent on this priority issue, and he would have the Panel rule in his favor based on his lien status under California law.

STATEMENT...

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