Kevin F. v. Erickson (In re Kevin F.)

DECISION ON SUMMARY JUDGMENT MOTION

AD LAI S. HARDIN, Jr., Bankruptcy Judge.

At issue before me is whether the liens of the mortgage and confession of judgment that secure defendant-creditor Eugene Erickson’s claims against plaintiffs-debtors Kevin and Sue Higgins are subject to avoidance. Specifically, the Higginses assert that the mortgage and judgment liens constitute preferences under 11 U.S.C. § 547 and impair their homestead exemption under 11 U.S.C. § 522. The Higginses also claim that one of their notes payable to Erickson is usurious and void under New York State law. Another issue…