IN RE BAERWALD

Bankruptcy No. 81-02888.

27 B.R. 142 (1983)

In re George S. BAERWALD and Debra Ann Baerwald, husband and wife, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

February 14, 1983.


Attorney(s) appearing for the Case

Brian C. Engelhardt, Reading, Pa., for debtors.

John T. Wertz, Robesonia, Pa., for Signal.

Mark G. Yoder, Reading, Pa., for American Bank.


OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

In this Chapter 7 case, the question before the Court is whether or not a debtor may, pursuant to Section 522(f)(1) of the Bankruptcy Code, 11 U.S.C. § 522(f)(1), avoid a mortgage against his real property when the mortgage attached to the subject property subsequent to an avoidable judicial lien. For the reasons hereinafter given, we hold that the junior mortgage may not be avoided because a mortgage...

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