Berry v. First-Citizens Bank & Trust Co. (In Re Berry)

ORDER

MARVIN R. WOOTEN, Bankruptcy Judge.

This matter came before the undersigned United States Bankruptcy Judge upon Complaint to avoid Judicial lien pursuant to 11 U.S.C. Section 522 and Local Rule of July 8, 1981. The facts, stipulated between Plaintiff and Defendant, are as follows:

1. This case was commenced by the Debtor’s filing a voluntary petition for relief under Chapter 7 of 11 U.S.C., on May 4, 1983.

2. On July 15, 1983 the Debtor filed a Complaint to avoid Judicial lien pursuant to Section 522 of the Bankruptcy Code and Local Rule of July 8, 1981.

3. The lien sought to be avoided and…