Moldo v. Charnock (In Re Charnock)

OPINION

MONTALI, Bankruptcy Judge.

Judicial hen holder and appellant Byron Z. Moldo (“Creditor”) appeals from the bankruptcy court’s order avoiding his judicial hen under Section 522(f). 2 Creditor argues that his hen should not be avoided because it is senior to a subsequent consensual hen, which has not been avoided. We disagree. Senior as well as junior judicial hens are avoidable under the plain meaning of the statute. We are not persuaded that this result is either absurd or contrary to Congress’ intent, as Creditor argues. Accordingly, we AFFIRM.

I. FACTS

The relevant facts are undisputed.…