Goad v. Patrick Henry National Bank (In Re Goad)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

This matter is before the Court on a Motion by Carolyn S. Goad (“Debtor”) to avoid a nonpurchase-money lien held by Patrick Henry National Bank (“Creditor”) on a 1971 mobile home. The Debtor’s Motion is a core proceeding and this Court has jurisdiction pursuant to 28 U.S.C. §§ 157(b)(2)(K) and 1334(b). Because Creditor’s lien is a nonpos-sessory, nonpurchase-money security interest that impairs an exemption to which Debtor would have been entitled, Debtor’s Motion is granted and Creditor’s nonpurchase-money lien is hereby avoided.

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