McCoy v. Kuiken (In Re Kuiken)

OPINION

JURY, Bankruptcy Judge.

Judgment creditor Daniel T. McCoy appeals from the bankruptcy court’s order granting debtor Conrad J. Kuiken, Jr.’s motion to avoid McCoy’s judicial lien under § 522(f). 1 In a case of first impression in this circuit, we hold that because the debt- or did not maintain a continuous interest in the property subject to the lien from the time the lien fixed until the petition date, he is not entitled to avoid the lien based on his homestead exemption. Therefore, we REVERSE.

I. FACTS 2

On August 18, 2003, debtor acquired fee title to real property located in San Diego,…