In Re Farrenkopf

MEMORANDUM OF DECISION ON DEBTOR’S MOTION TO AVOID LIENS

CAROL J. KENNER, Bankruptcy Judge.

The issues presented here are (i) whether a debtor may rely on her non-debtor spouse’s declaration of homestead to claim real property held by them as tenants by the entirety exempt under Massachusetts General Laws ch. 188 § 1, and, (ii) if so, is a judicial lien that is only against the interest of the non-debtor spouse in the real property “a lien on an interest of the debtor” so that she may avoid it pursuant to Section 522(f) of the United States Bankruptcy Code.

Procedural Setting:

The Debtor, Beth A.…