In Re Jim-O-Lette, Inc.

MEMORANDUM OF OPINION ON MOTION TO AVOID LIEN

JOHN C. AKARD, Bankruptcy Judge.

Jim-O-Lette, Inc., the Debtor-in-Possession in the captioned Chapter 11 proceeding (Debtor), filed a Motion to Avoid a Judgment Lien held by Albert J. Mitchell, Jr. 1 The Debtor asserts that the lien constitutes a preference under § 547(b) of the Bankruptcy Code. 2 The court finds that Mr. Mitchell does not have an attorney’s charg ing lien under New Mexico law and that the judgment lien may be avoided.

STATUTES

Subject to certain exceptions not applicable to this case, a Debtor-in-Possession has all of the rights,…