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GARDNER v. COM. OF PA., DEPT. OF PUBLIC WELFARE

No. 81-2898.

685 F.2d 106 (1982)

Donald Eugene GARDNER, Sr., Debtor (Bankruptcy No. 81-75) v. COMMONWEALTH OF PENNSYLVANIA, DEPT. OF PUBLIC WELFARE, Household Finance Consumer Discount Co., York Federal Consumer Discount Co., and David S. August D.D.S., Intervenor: United States of America. Appeal of COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE.

United States Court of Appeals, Third Circuit.

Decided August 11, 1982.

Certiorari Denied December 13, 1982.

Attorney(s) appearing for the Case

Jason W. Manne (argued), Asst. Counsel, Dept. of Public Welfare, Harrisburg, Pa., for Com. of Pa., Dept. of Public Welfare.

Eric L. Frank (argued), Community Legal Services, Inc., Philadelphia, Pa., Joseph Colavecchi, Clearfield, Pa., for appellee.

Before GIBBONS and HUNTER, Circuit Judges, and LORD, District Judge.

Certiorari Denied December 13, 1982. See 103 S.Ct. 580.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The Commonwealth of Pennsylvania, Department of Public Welfare (DPW), appeals from an order of the district court avoiding liens on the real property of Donald E. Gardner, Sr., pursuant to section 522(f)(1) of the Bankruptcy Code, 11 U.S.C. § 522(f)(1) (Supp. III 1979). The bankruptcy court held that the DPW liens on Gardner's property at 1005...

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