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IN RE WALLS

Bankruptcy No. 81-30033, Adv. No. 81-0065.

17 B.R. 701 (1982)

In re Joseph Harley WALLS, Jr., Debtor. Joseph Harley WALLS, Jr., Plaintiff, v. APPALACHIAN TIRE PRODUCTS, INC., Bob Bailey, Sheriff of Cabell County, and Phyllis J. Rutledge, Clerk, Circuit Court of Kanawha County, Defendants.

United States Bankruptcy Court, S.D. West Virginia.

February 17, 1982.

Attorney(s) appearing for the Case

William J. Davis, Williamson, W. Va., for debtor-plaintiff Joseph Harley Walls, Jr.

Larry R. Ellis, Charleston, W. Va., for defendant Appalachian Tire Products, Inc.

William T. Watson, Huntington, W. Va., for defendant Bob Bailey, Sheriff of Cabell County.

OPINION

EDWIN F. FLOWERS, Bankruptcy Judge.

Joseph Harley Walls, Jr., a chapter 13 Debtor, seeks to avoid the lien of Appalachian Tire Products, Inc. [Appalachian] against a 1975 Peterbilt truck owned by the Debtor. The case was presented upon a stipulation of facts which reads in its entirety as follows:

Judgment was obtained against Joseph Walls, d/b/a J & K Trucking in the Circuit Court of Kanawha County on the 30th day of January, 1981,...

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