IN RE KEATING

Bankruptcy Nos. 81-02445G, 81-02444G, Adv. No. 81-0964G.

16 B.R. 145 (1981)

In re Thomas M. KEATING, Carol A. Mignogna, Debtors. Thomas KEATING and Carol Mignogna, Plaintiffs, v. CENTRAL MONTGOMERY ABSTRACT CO., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 29, 1981.


Attorney(s) appearing for the Case

Robert Lapowsky, Philadelphia, Pa., for the debtors/plaintiffs, Thomas Keating and Carol Mignogna.

Joseph W. Lonergan, Smith, Aker, Grossman, Hollinger & Jenkins, Norristown, Pa., for defendant, Central Montgomery Abstract Co.

James J. O'Connell, Philadelphia, Pa., trustee.


OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue at bench is whether the debtors may avoid a judicial lien to the extent it impairs the exemption claimed in their real estate pursuant to § 522(f)(1) of the Bankruptcy Code ("the Code") where that lien is based on a loan made by the creditor to enable the debtors to purchase that real estate. We conclude that § 522(f)(1) permits the debtors to avoid any judicial lien which impairs their...

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