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IN RE ELSNER

Bankruptcy No. 181-00100, Adv. No. 182-0095.

35 B.R. 115 (1983)

In re Eugene Arthur ELSNER and Ritha Fay Elsner, Debtors. Eugene Arthur ELSNER and Ritha Fay Elsner, Plaintiffs, v. AMAN COLLECTION SERVICE, INC. Brewster Building Center, Inc., Midwest Credits, Inc. and Richter Parts Supply, Defendants.

United States Bankruptcy Court, D. South Dakota.

December 19, 1983.

Attorney(s) appearing for the Case

George J. Rice, Rice & Bowen, Aberdeen, S.D., for plaintiffs.

A. William Spiry, Britton, S.D., for Brewster Building Center, Inc.

Daniel R. Moen, McNeary & Moen, Aberdeen, S.D., for Aman Collection Service, Inc.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

This matter comes before the Court on the complaint of the Chapter 13 debtors seeking avoidance of judicial liens under 11 U.S.C. § 522(f), alleging an impairment of the homestead exemption. Defendant Brewster Building Center, Inc., denies that the contested property is homestead property. Defendant Aman Collection Agency, Inc. alleges that the Bankruptcy Court is without jurisdiction to discharge...

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