Lonnie Earl Tyndall and Samantha Robin Tynall

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
LONNIE EARL TYNDALL, and
SAMANTHA ROBIN TYNDALL,
DEBTORS.
CASE NO.
05-08643-8-JRL
Chapter 7
ORDER
This case is before the court on the debtors’ motion to avoid the lien of Amerifirst Home
Improvement Finance. A hearing took place in Raleigh, North Carolina on January 12, 2010.
The debtors filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code
on October 10, 2005. A discharge was granted on January 23, 2006, and the debtors’ case was
closed on January 26, 2006. An order reopening the debtors’ case was entered on September 14,
2009. The debtors seek to avoid a lien in the amount of $14,307.00, securing a second mortgage
on their residence, as an impairment of their exemptions under § 522(f) of the United States
Bankruptcy Code.
Section 522(f)(1) allows the debtor to “avoid the fixing of a lien on an interest of the
debtor in property to the extent that such lien impairs an exemption to which the debtor would
have been entitled under subsection (b) . . .” if such lien is a judicial lien or a nonpossessory,
nonpurchase-money security interest in specific items of personal property. 11 U.S.C. §
SO ORDERED.
SIGNED this 15 day of January, 2010.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 05-08643-8-JRL Doc 30 Filed 01/15/10 Entered 01/15/10 08:24:20 Page 1 of 2

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522(f)(1). Although § 522 allows the court to avoid judicial liens on real property and certain
consensual liens on personal property, it does not contain a provision that allows the court to
avoid consensual liens on real property. A consensual lien on real property may only be avoided
under § 506(d), if it is a wholly unsecured junior lien. See In re Kidd, 161 B.R. 769, 771 (Bankr.
E.D.N.C. 1993). The debtors were allowed a homestead exemption in the amount of $5,433.00
with both liens attached to the property, indicating that both liens were fully secured. Thus there
are no grounds upon which the court may avoid the junior lien on the debtors’ residence.
Based on the foregoing, the court DENIES the debtors’ motion to avoid the lien of
Amerifirst Home Improvement Finance.
“END OF DOCUMENT”
Case 05-08643-8-JRL Doc 30 Filed 01/15/10 Entered 01/15/10 08:24:20 Page 2 of 2