Rosen v. Alderson (In Re Rosen)

MEMORANDUM DECISION

C.N. CLEVERT, Bankruptcy Judge.

The plaintiff, Sheila Rosen (Rosen), filed this adversary proceeding seeking to avoid Attorney William Alderson’s (Alderson) claim to proceeds from the sale of her homestead on the ground that it is a judicial lien. Alderson denied that allegation, affirmatively alleged that Rosen had stipulated to the judgment which gave rise to his claim and asserted that the debtor’s lien avoidance action was fraudulent. At the pretrial conference the parties agreed that the case could be disposed of by summary judgment and the case was accordingly…