Cowan v. Cowan (In Re Scott)

MEMORANDUM OPINION

ROBERT L. BERRY, Bankruptcy Judge.

Statement of the Case

This adversary proceeding was commenced by Plaintiff’s Complaint alleging a security interest in the defendant-debtor’s homestead and requesting an order from this Court lifting the automatic stay regarding Plaintiff’s pending foreclosure action thereon in state court. In response to Plaintiff’s Complaint Defendant filed a Cross-Complaint seeking to avoid Plaintiff’s lien under the provisions of 11 U.S.C. § 522(f).

Facts

Plaintiff Otis B. Cowan and Defendant-Debtor Vella E. Cowan were married on March 25, 1966. During…