Baum v. United Virginia Bank (In Re Baum)

OPINION AND ORDER

HAL J. BONNEY, Jr., Bankruptcy Judge.

This complaint was filed by the debtor alleging a violation of the automatic stay provision of 11 U.S.C. § 362 by the defendant bank. Alternatively, the debtor asks that a judicial lien be avoided pursuant to § 522(f).

The facts of this case have been stipulated by the parties. On September 25, 1980, United Virginia Bank obtained a judgment against the plaintiff-debtor, Kenneth Le-Roy Baum, in the amount of $5,000 plus interest and costs. On April 21, 1981, the Bank had a writ of fieri facias issued against Baum from the State court. On…