IN RE BARONE

Bankruptcy No. 82-02906G, Adv. No. 82-3107G.

31 B.R. 540 (1983)

In re Peter F. BARONE, Frances Barone, Debtors. Peter BARONE, Frances Barone, Plaintiffs, v. James Asher LYNCH, III, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 19, 1983.


Attorney(s) appearing for the Case

Abe Lapowsky, Philadelphia, Pa., for debtors/plaintiffs, Peter Barone, Frances Barone.

James Asher Lynch, III, Havertown, Pa., defendant.

Jonathan H. Ganz, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtors can avoid a judicial lien on their real property pursuant to section 522(f) of the Bankruptcy Code on the basis that said lien impairs their exemption in the property. We conclude that the lien in question cannot be avoided by virtue of section 522(f) because they are not entitled to the exemption under § 522(b) of the Code since the mortgage liens against said property...

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