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In re: ROBERT H. GREENE Chapter 7, Debtor

MEMORANDUM OPINION AND ORDER

STEPHEN MITCHELL, Bankruptcy Judge

Before the court is the debtor's motion filed January 23, 1997, to avoid a judicial lien in the amount of $3,000 in favor of "Olympus Condominium" against rental property owned by the debtor at 8755 Susquehanna Street, Lorton, Virginia. By memorandum opinion and order dated February 13, 1997, this court had denied a prior motion, filed December 26, 1996, seeking what the court construed to be similar relief. In ruling on that motion, the court was unaware that the December 26, 1996, motion had been superseded by the January 23, 1997, motion. Debtor's counsel, by letter dated April 2, 1997, has brought the latter motion to the court's attention and has requested that the court rule on it.

The later motion, although filed with the court on January 23, 1997, was not docketed by the clerk until January 29, 1997. By that date, the file jacket had evidently been pulled for the February 11, 1997 motions docket, and the later motion had not been placed in the file jacket when the court reviewed the file and wrote its opinion.

The present motion is focussed on the judgment lien — discussed on pages 2 to 3 of the court's prior memorandum opinion — obtained by the Council of Co-Owners of The Olympus Condominium Project. The only service on the judgment creditor — referred to in the motion simply as "Olympus Condominium" — was by mailing a copy of the motion to the attorney who had obtained the judgment. As discussed on page 6 of the prior memorandum opinion, such service was legally insufficient. But even had the motion been served on a named officer or managing agent (or on the creditor's registered agent if it has one), the court would deny the motion for the reasons discussed on pages 6 through 10 of the prior memorandum opinion. Accordingly, it is

ORDERED:

1. The motion filed January 23, 1997, to avoid the judgment lien of Olympus Condominium is denied.

2. The clerk will mail a copy of this order to counsel for the debtor, to the Council of Co-Owners of the Olympus Condominium Project, and to the United States Trustee.

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IN RE GREENE, (Bankr.E.D.Va. 1997)
(Apr 4, 1997)