Walker v. Fleet Consumer Discount Co. (In Re Walker)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court is Debtors’ Motion To Avoid Lien pursuant to 11 U.S.C. § 522(f)(1). Specifically, Debtors assert that Respondent’s interest in certain real property is, at best, a judicial lien, avoidable as impairing Debtors’ exemption. Respondent claims to possess a valid mortgage on said real property, which is not avoidable under § 522(f). Said property has since been sold free and clear of all encumbrances, with same attaching to the proceeds therefrom. Based upon the pleadings and briefs submitted, oral arguments offered, and this…