Strausbough v. Co-Op Services Credit Union (In Re Strausbough)

Opinion Granting the Plaintiffs’ Motions for Summary Judgment and Denying the Defendants’ Motions for Summary Judgment

STEVEN RHODES, Bankruptcy Judge.

I

This opinion addresses the same issue in two separate adversary proceedings— whether an individual debtor in a chapter 13 case can avoid a junior lien on entireties property. The Court concludes that a debtor can avoid a junior lien in these circumstances. Accordingly, the plaintiffs’ motions for summary judgment are granted and the defendants’ motions for summary judgment are denied.

A

In the first case, Strausbough v. Co-op Services Credit…