In re Gokay

Decision Granting Debtors’ Motion to Avoid Judgment Lien of the State of Ohio

Guy R. Humphrey, United States Bankruptcy Judge

I. Introduction

This matter is before the court on the Motion to Avoid Judicial Lien on Real Estate (doc. 12) and the objection filed by the State of Ohio (doc. 16). The parties also filed additional memoranda concerning the issues presented by the motion (docs. 42, 64 and 65). The issues presented by the motion are whether Ohio Revised Code § 2329.661(A)(4) precludes the debtors’ use of their Ohio homestead exemptions to avoid the State’s judgment lien pursuant to…