William David Knight

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
(Greenbelt Division)
In re
WILLIAM D. KNIGHT,
Debtor.
)
)
)
)
)
Case No. 04-32809
(Chapter 13)
OPINION RE PARTIALLY GRANTING MOTION TO AVOID
JUDICIAL LIEN PURSUANT TO 11 U.S.C. § 522(f) (BANK OF AMERICA)
The debtor's motion to avoid the $36,355.07 judicial lien of
Bank of America contains a calculation which demonstrates that
$11,073.61 is the “Extent to Which Lien Claimants Impair
Exemption.” Under § 522(f)(1), a judicial lien is avoidable only
“to the extent that such lien impairs an exemption to which the
debtor would have been entitled . . . .” Yet, the debtor
proposes to avoid the lien not just to the $11,073.61 extent to
which the lien impairs the debtor's exemption, but in the entire
amount. The avoidance of the lien under § 522(f) will be limited
to $11,073.61 of the lien.
The debtor's motion further alleges that the judicial lien
is avoidable as a preference and that an unsecured claim filed by
The opinion below is hereby signed.
Date signed January 30, 2006
Entered: January 31, 2006 Case 04-32809 Doc 53 Filed 01/31/06 Page 1 of 2

2	O:\JUDGTEMP\Knight Opinion Re 522(f) Motion re Bank of America Judgt.wpd
Bank of America “acts as a waiver of an assertion of a lien in
these proceedings by estoppel.” Under F.R. Bankr. P. 7001, a
preference avoidance action must be brought as an adversary
proceeding. F.R. Bankr. P. 7001(1) and (2) and Advisory
Committee Note (1983) (“Proceedings to which the rules in Part
VII apply directly include those brought to avoid transfers by
the debtor under §§ 544, 545, 547, 548 and 549 of the Code[.]”).
Similarly, the attack on the lien's validity based on Bank of
America's alleged waiver of the assertion of its lien must also
be brought as an adversary proceeding. F.R. Bankr. P. 7001(2).
An order follows avoiding the lien of Bank of America to the
extent of $11,073.61 and otherwise denying the motion to avoid
the lien.
[Signed and dated above.]
Copies to: Debtor; Debtor's Attorney; Bank of America c/o
Theodore R. Goldstock; Bank of America c/o The Corporation Trust,
Inc.; chapter 13 trustee.
Case 04-32809 Doc 53 Filed 01/31/06 Page 2 of 2