In re Pagnini

Judicial lien on debtor's homestead avoided where creditor's prepetition fraudulent transfer claim had not been reduced to judgment.
Procedural posture: 
A chapter 7 debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f) as impairing her homestead exemption under Mass. Gen. Laws ch. 188, § 1. A creditor opposed the motion, challenging her entitlement to the homestead exemption pursuant to Fed. R. Bankr. P. 4003(d).
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-042