Beneficial Consumer Discount Co. v. Brown (In re Brown)

MEMORANDUM AND ORDER DENYING LIEN AVOIDANCE

THOMAS WOOD, Bankruptcy Judge.

This proceeding was instituted to determine the entitlement of the debtors to an exemption of their residential property from the property of the bankrupt estate. It appearing that entitlement to the exemption was governed by the Court’s ruling in an earlier case, it was agreed that the Court decide whether the debtors can avoid the lien of the plaintiff’s mortgages which, if preserved, will impair the debtors’ exemption. Specifically, the issue presented is: Can an allowed exemption of Pennsylvania residential real…