IN RE GALVAN

BAP No. NC-87-2035-MePeMo, Bankruptcy No. 586-2064-M, Adv. No. AL 860159.

110 B.R. 446 (1990)

In re Nash GALVAN and Wendy Galvan, Debtors. Nash GALVAN and Wendy Galvan, Appellants, v. Nash GALVAN and Mary Galvan, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 21, 1990.


Attorney(s) appearing for the Case

James J. Gold, Gold and Hammes, San Jose, Cal., for appellants.

Colin J. Heran, Heran and Heran, Sunnyvale, Cal., for appellees.

Before MEYERS, PERRIS and MOOREMAN, Bankruptcy Judges.


OPINION

MEYERS, Bankruptcy Judge:

I

We are asked whether 11 U.S.C. § 522(f)(1) may be employed to avoid the unsecured portion of a judicial lien. We AFFIRM in part and REVERSE in part.

II

FACTS

Nash and Wendy Galvan ("Debtors") filed a joint petition under Chapter 13 of the Bankruptcy Code. The residence in which they held title at the time had a fair market value of $94...

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