In Re Kelly

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

These matters come before the Court on the motion of James J. Kelly, III (the “Debtor”) pursuant to 11 U.S.C. § 522(f) to avoid the judgment lien of Insty Prints of Joliet/David Kaminskas (the “Creditor”) and on the Creditor’s motion to dismiss the Debtor’s motion. For the reasons set forth herein, the Court denies the Creditor’s motion to dismiss and denies the Debtor’s motion to avoid the Creditor’s lien.

I. JURISDICTION AND PROCEDURE

Initially, the Court must address the Creditor’s challenge to this Court’s subject matter jurisdiction. The…