IN RE HUNTER

Bankruptcy No. 82-1951, Adv. No. 83-322.

32 B.R. 437 (1983)

In re Charles W. HUNTER and Phyllis J. Hunter, Debtors. Charles W. HUNTER and Phyllis J. Hunter, Plaintiffs, v. SCHULTHEIS BROTHERS COMPANY, Equibank, N.A. and Terence O'Halloran, Trustee, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

June 27, 1983.


Attorney(s) appearing for the Case

Gary P. Nelson, Pittsburgh, Pa., for Equibank.

Joseph E. Fieschko, Pittsburgh, Pa., for debtors.

Terence O'Halloran, Greensburg, Pa., trustee.


MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

The dispute between the Debtors and Equibank in this case requires the Court to consider whether the so-called "gap" (post-enactment and pre-effective date) judgment liens are voidable pursuant to 11 U.S.C. § 522(f)(1), in light of the recent Supreme Court opinion in the case of United States v. Security Industrial Bank, et al., ___ U.S. ___, 103 S.Ct. 407, 74 L.Ed.2d 235 (1982). The Court...

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