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IN RE SMART

Bankruptcy No. B-80-1573-PHX-RGM, Adv. No. 81-206 RGM.

13 B.R. 838 (1981)

In re Granville Preston SMART and Anna Ruth Smart, Debtors. Granville Preston SMART and Anna Ruth Smart, Plaintiffs, v. AVCO FINANCIAL SERVICES OF MARICOPA, INC., Defendant.

United States Bankruptcy Court, D. Arizona.

August 31, 1981.

Attorney(s) appearing for the Case

John C. Lincoln, Phoenix, Ariz., for plaintiffs/debtors.

Ronald M. Horwitz, Phoenix, Ariz., for defendant AVCO Financial Services of Maricopa, Inc.

OPINION AND ORDER

ROBERT G. MOOREMAN, Bankruptcy Judge.

Debtors Smart herein filed a joint voluntary petition on July 21, 1980 and thereafter an adversary complaint on April 3, 1981, seeking the avoidance of a lien under 11 U.S.C. § 522(f) against the defendant AVCO Financial Services of Maricopa, Inc. AVCO Financial had previously filed a state court suit against the debtors on March 20, 1981, during the administration of the debtors' estate pending...

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