Strain v. Valley Bank (In Re Strain)

MEMORANDUM DECISION

MERLIN S. YOUNG, Bankruptcy Judge.

The present matter is before the court for final determination pursuant to stipulation of the parties at pretrial. Plaintiff debtors seek, by this proceeding, to avoid defendant’s lien under the provisions of 11 U.S.C. § 522(f). Defendant has alleged an affirmative defense upon which it relies entirely, i.e. “Under I.C. 11-607, plaintiff is prohibited from voiding defendant’s otherwise validly perfected lien as the same applies to the above described property.” There is no disagreement as to the fact that defendant has a nonpossessory,…