In Re Pysz

2008 WL 2001753 (2008)

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Nature of the Case

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Facts

D holds a judicial lien in the amount of $43,723.14. The lien arose from a post-judgment attachment D obtained in Superior Court. The judgment was for unpaid professional services. A writ of attachment was issued on January 18, 2007, against logging equipment and real property called the Newport Property belonging to P. On January 19, 2007, D recorded the attachment. P owns a fifty percent interest in the attached property, and his mother owns the other fifty percent interest. On April 5, 2007, P filed chapter 13. P lists the Newport Property's fair market value as $300,000. D offered a separate appraisal report that values the Newport Property at $443,000 as of April 5, 2007. P moved for summary judgment seeking to avoid D's judicial lien as a preference under 11 U.S.C. § 547(b).