John George Itterly and Jamie Ann Itterly

UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
In re:
JOHN GEORGE ITTERLY and 	: 	Case No. 05-20366T
JAMIE ANN ITTERLY,
Debtor(s) 	:
:
ORDER
AND NOW, this 6 th day of December, 2005, it is ORDERED that Debtors’ motion
to avoid the judicial lien held by Respondent, Regina M. Tessari (“Respondent”), under 11 U.S.C.
§522(f)(1) is GRANTED as the court finds that the lien held by Respondent impairs an exemption
to which Debtors would otherwise be entitled since the property in issue is owned jointly by Debtors
as tenants by the entireties, but Respondent’s judicial lien is based upon a judgment which was
entered against Debtor, John George Itterly, individually, and not against Debtors, John George
Itterly and Jamie Ann Itterly, jointly. See Napotnik v. Equibank and Parkvale Savings Ass’n., 679
F.2d 316, 319-21 (3rd Cir. 1982)(“creditors of either spouse cannot acquire by judgment an
enforceable lien on entirety property”); In re Jackaman, Case No. 99-19029DWS, 2000 WL 192973
at *2 (Bankr. E.D. Pa. February 15, 2000); In re Houck, 184 B.R. 21, 23 (Bankr. E.D. Pa. 1995).
Reading, PA
THOMAS M. TWARDOWSKI
United States Bankruptcy Judge
Case 05-20366-ref Doc 95 Filed 12/06/05 Entered 12/06/05 13:08:33 Desc Main
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