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IN RE BERRY

Bankruptcy No. 83-01317, Adv. No. 83-0047.

30 B.R. 36 (1983)

In re Jimmy L. BERRY, Debtor. Jimmy L. BERRY, Plaintiff, v. Robert PATTISON, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D. Flint Division.

May 31, 1983.

Attorney(s) appearing for the Case

James L. Rowe, Flint, Mich., for debtor.

Philip H. Weaver, Fenton, Mich., for defendant.

OPINION

STANLEY B. BERNSTEIN, Bankruptcy Judge.

The issue raised in this adversary proceeding is whether a Ch. 13 debtor can avoid a pre-petition execution lien on personal property and cause the property to be turned-over to him.

Facts:

On November 15, 1982, and on December 13, 1982, the defendant, Robert Pattison, obtained judgments against the debtor in the small claims and landlord-tenant divisions of the state court in the aggregate...

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