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IN RE CHARNOCK

BAP No. CC-04-1150-MoPMa, Bankruptcy SV-03-19241-AG.

318 B.R. 720 (2004)

In re Paula M. CHARNOCK, Debtor. Byron Z. Moldo, Appellant, v. Paula M. Charnock; Brad D. Krasnoff, Chapter 7 Trustee; Washington Mutual Bank, FA, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed — December 15, 2004.

Attorney(s) appearing for the Case

Damon G. Saltzburg, Saltzburg, Ray & Bergman LLP, Los Angeles, CA, for Byron Z. Moldo.

Donald A. Hayes, Valencia, CA, for Paula M. Charnock.

Before: MONTALI, PERRIS and MARLAR, Bankruptcy Judges.

Argued and Submitted on September 22, 2004 at Pasadena, California.

OPINION

MONTALI, Bankruptcy Judge.

Judicial lien holder and appellant Byron Z. Moldo ("Creditor") appeals from the bankruptcy court's order avoiding his judicial lien under Section 522(f).2 Creditor argues that his lien should not be avoided because it is senior to a subsequent consensual lien, which has not been avoided. We disagree. Senior as...

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