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IN RE KUIKEN

BAP No. SC-12-1218-JuMkPa. Bankruptcy No. 11-17454.

484 B.R. 766 (2013)

In re Conrad J. KUIKEN, Jr., Debtor. Daniel T. McCoy, Appellant, v. Conrad J. Kuiken, Jr., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 4, 2013.

Attorney(s) appearing for the Case

James C. Mitchell, Esq. on brief for appellant Daniel T. McCoy.

Before: JURY, MARKELL, and PAPPAS Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Judgment creditor Daniel T. McCoy appeals from the bankruptcy court's order granting debtor Conrad J. Kuiken, Jr.'s motion to avoid McCoy's judicial lien under § 522(f).1 In a case of first impression in this circuit, we hold that because the debtor did not maintain a continuous interest in the property subject to the lien from the time the lien fixed until the petition date, he is not entitled...

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