In Re Gilmer

ORDER

WILLIAM L. STOCKS, Bankruptcy Judge.

This case came before the court on March 30, 2009, for hearing on Debtor’s motion to avoid the judicial hen of Kathy A. Whitted pursuant to section 522(f) of the Bankruptcy Code. Edward C. Boltz appeared on behalf of the Debtor and R. David Wicker, Jr. appeared on behalf of Kathy A. Whitted (the “Claimant”). For the reasons that follow, the court has concluded that the Claimant’s objection to the motion should be overruled and that the motion to avoid the judicial hen should be granted.

FACTS

The facts in this case are not in dispute. On January 28,…