Ewiak v. Ebner (In Re Ewiak)

OPINION ON DEBTOR’S MOTION TO AVOID LIEN IMPAIRING EXEMPTION

Issue

The issue is whether a debtor may avoid a judicial lien on property claimed by the debtor as exempt when the underlying debt secured by the lien is nondischargeable under § 523(a)(2) on account of the debtor’s fraud.

Background

This matter is one of two proceedings in this case that were initiated as a result of a family dispute between the debtor on the one hand, and the debtor’s daughter and son-in-law on the other. In the related proceeding this court entered an order denying the debtor the discharge of the debt at issue. We…