Franchi v. Stanley's Boat Yard, Inc. (In re Franchi)

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Before the Court, on briefs, is the Plaintiff/Debtor’s Motion for Summary Judg*156ment seeking lien avoidance, and the opposition of Defendant Stanley’s Boat Yard (“Stanley Boat”).1 The object of this dispute is the Debtor’s 1966 Columbia sailboat which is being held by Stanley Boat on its premises, for nonpayment of docking and storage fees.

BACKGROUND

By this adversary proceeding, the Debtor seeks an order directing Stanley Boat to release the boat, arguing that “[i]n accordance with 11 U.S.C. § 522(f) of the U.S. Bankruptcy Code, said…