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IN RE GRIGGS

Bankruptcy No. 79-02257K, Adv. No. 80-0055K.

12 B.R. 443 (1981)

In re Robert C. GRIGGS, Jacqueline M. Griggs, Debtors. COMMONWEALTH of Pennsylvania DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. Robert C. GRIGGS, Jacqueline M. Griggs, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 7, 1981.

Attorney(s) appearing for the Case

Henry J. Sommer, Philadelphia, Pa., for debtors/plaintiffs.

Carol A. Genduso, Jason W. Manne, Asst. Counsel, Dept. of Public Welfare, of Pa., Harrisburg, Pa., for defendants.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The issues before the court are: (1) whether a confession of judgment contained in a welfare reimbursement agreement constitutes a judicial lien on the real property of the debtors and (2) if the confession of judgment constitutes a judicial lien, whether considerations of federalism preclude the application of § 522(f) of the Bankruptcy Code to such a lien held by the Pennsylvania Department of Public...

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