Associates Financial Services of Oklahoma, Inc. v. Porter (In Re Porter)

MEMORANDUM ORDER

ROBERT L. BERRY, Bankruptcy Judge.

Statement of the Case

This matter is before the Court on the defendant/debtors’ Motion to Avoid the Plaintiff/Creditor’s Lien under 11 U.S.C. § 522(f), such Motion having been filed more than three months after the debtors’ discharge entry and after the plaintiff commenced an action to recover the goods subject to the lien. Plaintiff urges that defendant’s Motion be denied as untimely.

Facts

The facts as stipulated by the parties are that James and Janice Porter, joint debtors and defendants herein, entered into a loan agreement with Associates…