MacLure v. Mascaro (In Re MacLure)

DECISION DETERMINING LANDLORD’S LIEN TO BE JUDICIAL, AND THEREFORE AVOIDABLE UNDER § 522(f)(1)

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the debtors’ motion to avoid a landlord’s lien on their household furniture and furnishings. The debtors are proceeding under § 522(f)(1) which permits the avoidance of a “judicial” lien that impairs an exemption to which they would otherwise have been entitled. At issue is whether the subject lien is judicial, and avoidable, or statutory, and therefore, not avoidable by the debtors. The relevant facts are not in dispute.

The furniture is stored at…