Michael Alan Bark
Opinion
Trial Court Opinion
I. FACTS AND SUMMARY OF PLEADINGS
The Debtors filed a voluntary chapter 7 case on April 30, 2012 (the “Petition Date”). On June 6, 2012, the chapter 7 trustee issued his Report of No Distribution. On September 21, 2012, the Court entered the Debtors’ discharge [Doc. Nos. 16 & 17]. The Debtors’ case was closed on October 2, 2012.
On August 8, 2018, the case was reopened to allow the Debtors to file a motion to avoid a judicial lien against their residential real property located at 1217 6th Street, Manhattan Beach, CA 90266 (the “Property”) [Doc. No. 21]. A. Summary of Efforts to Avoid Judicial Lien On September 12, 2018, the Debtors filed a Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property) [Doc. No. 25] (the “First Lien Avoidance Motion”). For the reasons set forth in this Court’s Order Denying Without Prejudice Debtors’ Motion to Avoid Lien Under § 11U.S.C. § 522(f) (Real Property) [Doc. No. 26], this Court denied the First Lien Avoidance Motion without prejudice to the Debtors refiling an amended motion.
On October 26, 2018, the Debtors filed a second Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property) [Doc. No. 31] (the “Second Lien Avoidance Motion”).…