Orsburn v. Diners Club, Inc. (In Re Orsburn)

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

Presently before the Court is defendant’s motion to alter or amend the order signed by this Court June 17, 1982. That order granted the lien avoidance relief requested by plaintiff against defendant pursuant to 11 U.S.C. § 522(f)(1). This Court is now convinced that the language of § 522(f)(1), permitting the debtor to avoid the fixing of a judicial lien where “such lien impairs an exemption to which the debtor would have been entitled,” must be read in conjunction with state law governing priorities of real property interests. Because this…