Janssen v. Washington Hospital Center (In Re Janssen)

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

This case comes before the Court on defendant’s Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted. R.Bankr.P. 7012(b); Fed.R.Civ.P. 12(b)(6). Plaintiff-debtor filed a petition for relief on June 7, 1983 and, thereafter, a Motion to Set Aside Lien. Arguments were heard and post-hearing briefs were filed. The issue is whether defendant’s lien is avoidable as a “judicial lien” as that term is defined and used in the Bankruptcy Reform Act of 1978 (“the Bankruptcy Code”).

A motion to dismiss a proceeding…