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IN RE GILCHRIST

Bankruptcy No. 09-52235. Adversary No. 10-05005.

444 B.R. 343 (2010)

In re John GILCHRIST and Mary Gilchrist, Debtors. John Gilchrist and Mary Gilchrist, Plaintiffs v. United Bank & Trust Company, Defendants/Third Party Plaintiff v. Bank of America, Third Party Defendant.

United States Bankruptcy Court, E.D. Kentucky, Lexington Division.

December 17, 2010.

Attorney(s) appearing for the Case

W. Thomas Bunch, II , Bunch & Brock, Lexington, KY, for Plaintiffs.

Ellen Arvin Kennedy , Dinsmore & Shohl, Lexington, KY, for Defendants/Third Party Plaintiff.

Nathan L. Swehla , Cincinnati, OH, Valorie D. Smith , Stites & Harbison, PLLC, Lexington, KY, for Third Party Defendant.

MEMORANDUM OPINION

JOSEPH M. SCOTT, JR., Bankruptcy Judge.

The primary issue before the Court on the parties' cross-motions for summary judgment is whether the Debtors' claimed homestead exemption on their Garrard County residence is impaired by the Defendant United Bank's judgment lien, thus allowing the Debtors to avoid United Bank's judgment lien pursuant to 11 U.S.C. § 522(f). An essential part of this analysis is the issue of whether Bank...

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