Barbe v. Pennsylvania Department of Labor & Industry (In Re Barbe)

MEMORANDUM AND ORDER

LIEN AVOIDANCE

ROBERT J. WOODSIDE, Bankruptcy Judge.

The debtor commenced an adversary proceeding pursuant to 11 U.S.C. § 522(f) to avoid a lien against her home as it impairs the homestead exemption that she has claimed in her Chapter 13 statement. The debtor motioned and the defendant cross-motioned for judgment on the pleadings and we hereby grant the debtor’s motion and deny the cross-motion of defendant.

On January 7, 1982, the debtor filed a voluntary petition for relief pursuant to Chapter 13 of the Bankruptcy Code. Defendant filed a lien entered on March 3, 1981, and…