Canelos v. Mignini (In Re Canelos)

AMENDED MEMORANDUM OPINION GRANTING MOTION TO AVOID LIEN

JAMES F. SCHNEIDER, Bankruptcy Judge.

Husband and wife debtors filed a joint motion to avoid a judicial hen [P. 4] upon real property in which they claimed an exemption in an amount greater than that allowed by law. In addition, they filed a motion for summary judgment [P. 9], which asserted that the judicial lien also constituted a voidable preference. The lienholder objected on the following grounds: that the wife was not entitled to claim an exemption in the real property because she held no ownership interest in it with the husband;…