Rand v. United Auto Group, Inc. (In Re Rand)

Opinion and Order Denying Motion to Avoid Lien that Does Not Impair Homestead

RANDOLPH J. HAINES, Bankruptcy Judge.

Debtors have moved to avoid a judgment lien on their homestead pursuant to Bankruptcy Code § 522(f)(1). 1 This court finds that Arizona’s protections of the debtors’ homestead prevent the creditor’s recorded judgment from attaching as a lien to the debtors’ homestead property, even if the value of the property exceeds the cap on the value of the exemption. Because the debtors cannot avoid a lien that neither exists nor impairs the homestead exemption, the debtors’ motion is denied.