Holtzhauser v. Holtzhauser (In Re Holtzhauser)

MEMORANDA

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

THIS MATTER comes before the court for a determination of whether the debtor may avoid under 11 U.S.C. Section 522(f), a lien on his residence held by his former spouse under a divorce decree. I conclude that the lien is not avoidable.

FACTS

The debtor, Michael Robert Holtzhauser, and his former spouse, Janet L. Holtzhau-ser, were married on December 13, 1980. The debtor purchased the residence before the marriage and'Ms. Holtzhauser paid the downpayment of $6,203.16. The parties were divorced on December 3, 1988.

The state court divorce decree…