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IN RE RIBEIRO

Bankruptcy No. 80-00762-JG, Adv. No. A80-0321.

7 B.R. 359 (1980)

In re Robert RIBEIRO and Linda Ribeiro, Debtors. EVANS PRODUCTS CO., Plaintiff, v. Robert RIBEIRO and Linda Ribeiro, and Herbert Rogergs, Trustee, Defendants.

United States Bankruptcy Court, D. Massachusetts.

November 10, 1980.

Attorney(s) appearing for the Case

Hertz N. Henkoff, Barron & Stadfeld, Boston, Mass., for plaintiff.

Paul L. Wean, Boston, Mass., for defendants.

MEMORANDUM AND ORDER

JAMES N. GABRIEL, Bankruptcy Judge.

The issue before this Court is whether plaintiff's lien on the debtor's real estate is a statutory lien or a judicial lien subject to avoidance under 11 U.S.C. Section 522(f).

The parties have waived trial and submitted the issue on briefs. The facts are not in dispute.

On or about May 27, 1977, plaintiff, Evans Products Co., entered into a contract...

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