Lund v. Benoit (In Re Lund)

MEMORANDUM OF DECISION GRANTING PLAINTIFF’S MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION TO TAKE JUDICIAL NOTICE

COLLEEN A. BROWN, Bankruptcy Judge.

The Plaintiff-Debtor, Robert M. Lund, moved for summary judgment that the Defendant’s ex parte prejudgment writ of attachment against his Concord, Vermont homestead is avoidable as a preferential transfer pursuant to 11 U.S.C. § 547(b) or, alternatively, because it impairs his homestead exemption pursuant to 11 U.S.C. § 522(f)(1)(A). 1 See doc. #53. The De fendant-Creditor, Bonnie M. Benoit, counter claimed to…