In Re Fairchild

INTERLOCUTORY RULING ON MOTION TO AVOID JUDICIAL LIENS PURSUANT TO BANKRUPTCY CODE § 522(f)

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I

ISSUES

At issue at this stage of the proceeding is whether debtors may move, under Bankruptcy Code § 522(f), to avoid judicial liens on realty (1) at a time when the debtors no longer own the realty, and (2) where a judicial lienholder asserts that the debtors are guilty of laches in bringing their motion. The following background is based upon agreed to facts set forth in the parties’ memoranda and attached exhibits and the debtors’ bankruptcy petition and…