Johnson v. First & Merchants National Bank (In Re Johnson)

ORDER AVOIDING LIEN

PAUL MANNES, Bankruptcy Judge.

The issue presented in this case is whether Debtors may, after having received their discharge in bankruptcy, file a post-discharge complaint to avoid a lien under 11 U.S.C. § 522(f).

Schedule A-3 to Debtors’ joint petition filed on October 17, 1979, listed as the very first item a “judgment-attachment, 1976-1978, goods & services. Joint, Husband and Wife $2,951.63” owing to Bank Americard (VISA). On December 29,1979, Defendant, First and Merchants National Bank, filed a secured claim in the amount of Two Thousand Nine Hundred Fifty-One and…