Farmers & Merchants Bank of Boones Mill v. Boyd (In Re Boyd)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether a judgment lien of the Plaintiff should be avoided which was obtained by the Plaintiff within ninety (90) days of the date of the petition filed herein.

FINDINGS OF FACTS

The Debtors at the time of the petition filed herein on April 23, 1980 owned real estate consisting of a residence and two lots in Franklin County, Virginia. On April 11, 1980 Plaintiff obtained judgment upon a homestead waiver note against the Debtors and docketed the same in the Clerk’s Office of the Circuit Court of Franklin…