Hoffa v. Commonwealth, Department of Public Welfare (In Re Hoffa)

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Debtor has filed an application to avoid the lien of the Commonwealth of Pennsylvania Department of Public Welfare (hereinafter referred to as “DPW”), pursuant to 11 U.S.C. § 522(f)(1) of the Bankruptcy Code. For reasons hereinafter given, we conclude that the lien of DPW is a judicial lien which is avoidable under § 522(f)(1) to the extent that it impairs the exemption claimed by the debtor in her real estate. 1

The debtor filed a petition in bankruptcy on December 11, 1980. Schedule B-2 listed real estate valued at $11,900.00 which was subject to…