MATTER OF YATES

Bankruptcy No. 80-02826-4, Adv. No. 81-0004-AP.

13 B.R. 80 (1981)

In the Matter of Julius Welch YATES and wife, Linda Louise Wall Yates, Debtors. Julius Welch YATES and Linda Louise Wall Yates, Plaintiffs, v. FIRST-CITIZENS BANK & TRUST COMPANY, Defendant.

United States Bankruptcy Court, E.D. North Carolina.

July 10, 1981.


Attorney(s) appearing for the Case

Ernest C. Richardson, III, New Bern, N.C., for debtors.

Michael P. Flanagan, New Bern, N.C., for First-Citizens Bank & Trust Co.


OPINION AND ORDER

THOMAS M. MOORE, Bankruptcy Judge.

This matter comes on to be heard upon the complaint filed by the debtors on January 7, 1981, seeking to avoid the defendant's judicial lien.

After considering all the evidence, this court finds the facts to be as follows:

FINDINGS OF FACT

On March 24, 1978, First-Citizens Bank & Trust Company (hereinafter "First-Citizens") obtained a judgment in the amount of One Hundred Ninety...

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