IN RE GROSS

No. 99-16587 B.

394 B.R. 693 (2008)

In re Kathleen Mary GROSS (n/k/a Kathleen Fryling) Debtor.

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

October 7, 2008.


Attorney(s) appearing for the Case

Bulan Chiari Horwitz & Ilecki, Morris L. Horwitz, Esq., of counsel, Williamsville, NY, Attorneys for the Debtor.

Upton Cohen & Slamowitz, David Cohen, Esq., of counsel, Syosset, NY, Attorneys for Greenwood Trust Company.


DECISION & ORDER

BUCKI, Chief Judge.

The debtor has filed this motion under the purported authority of 11 U.S.C. § 522(h), to avoid the lien of a judgment that encumbers her home. The central issue is whether the debtor may avoid this lien, even though she had elected to forego a homestead exemption.

On November 10, 1999, in the Erie County Clerk's Office, Greenwood Trust Company docketed a judgment in the amount of $4,383.43 against...

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