Under Advisement Decision Re: Plaintiffs' Complaint Objecting to Defendant's Discharge

Memorandum Decision

Holding: The parties do not dispute that Debtor’s obligation to Plaintiff arose under their divorce decree. Neither do they dispute that the subsequent state court judgment was a result of Debtor’s failure to pay the divorce decree obligation. Debtor makes the legal argument that the divorce decree judgment has merged into the state court civil judgment, losing its characteristic that would make it non-dischargeable pursuant to § 523(a)(15). This Court disagrees and concludes that the Debtor's Motion for Summary Judgment shall be denied.

Holding: Judicial liens (as a result of a recorded judgment) only attach to real property. ARIZ. REV. STAT. §§ 33-961; 33-964. Recorded judgments have no legal effect on personalty owned by a debtor. Thus, neither of the recorded judgments has created judicial liens against the Debtors' personal property. And, since the Debtors own no real property, the "avoiding" of those judicial liens is unnecessary. Thus, unless the Debtors have legal authority that a lien has been created, by operation of Arizona law, upon their personal property (this court is not aware of any such statute), it would appear that the motions are moot. This court cannot grant the relief sought, because no wrong has been done to the Debtors which needs to be undone.