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IN RE MORECK

Bankruptcy No. 5-81-00040, Adv. No. 5-81-0107.

34 B.R. 119 (1983)

In re Ronald MORECK t/a Vintage Restoration and Linda Lee Moreck, Debtors. Ronald MORECK and Linda Lee Moreck, Plaintiffs, v. UNITED STATES of America Small Business Administration The Kiddie Shoppe; Sears Roebuck and Company; and Commonwealth of Pennsylvania Department of Public Welfare, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

February 4, 1983.

Attorney(s) appearing for the Case

Louis Shaffer, Jerry B. Chariton, Wilkes-Barre, Pa., for Sears, Roebuck and Co.

Jason W. Manne, Asst. Counsel, Dept. of Public Welfare, Harrisburg, Pa., for Dept. of Public Welfare.

Robert C. Nowalis, Doran & Nowalis, Wilkes-Barre, Pa., for debtors.

OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

The debtors commenced an action to avoid judicial liens pursuant to 11 U.S.C. § 522(f). One such lien is held by the Commonwealth of Pennsylvania, Department of Public Welfare (DPW). In response to the debtors' complaint, the DPW moved to dismiss the action on five grounds. The merits of the first three grounds were decided against the DPW in the case of Gardner v. Commonwealth of Pennsylvania...

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