Earnhardt v. Herring National Lease, Inc. (In Re Earnhardt)

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

The debtor, William Eugene Earnhardt (plaintiff), by complaint, seeks to avoid a judgment lien under 11 U.S.C. § 522(f)(1). 1

FACTS

Herring National Lease, Inc. (defendant) obtained a judgment against plaintiff on September 29, 1980, in the amount of $34,-813. This judgment was recorded in Lexington County, South Carolina, as Judgment Roll Number 36,509. There has been no levy or execution on this judgment.

ISSUE

The issue in this case is whether or not the judgment lien may be avoided under § 522(f)(1).

DISCUSSION

Under § 15-35-810, Code of…