In Re Norvell

MEMORANDUM OPINION

HENRY H. DICKINSON, Chief Judge.

One of the “great” scientific/philosophical questions of all time is “if a tree falls in the woods, and no one is around, does it make a sound?” While this Court cannot solve the age old imponderable, it can solve the analogous bankruptcy issue of “can a debtor have the bankruptcy court avoid a judicial hen which is void as a matter of law.” The facts of this case, while somewhat unusual, illustrate the all too common problem bankruptcy practitioners and real estate professionals face of what should be done when a judicial hen is filed against…