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IN RE HERRICK

Bankruptcy No. 81-1790-L, Adv. No. 81-1072-L.

27 B.R. 824 (1983)

In re Michael E. HERRICK and Lillian T. Herrick, Debtors. Michael E. HERRICK, Plaintiff, v. DEPARTMENT OF WELFARE, OF the COMMONWEALTH OF MASSACHUSETTS and Commissioners, Industrial Accident Board of the Commonwealth of Massachusetts, Defendants.

United States Bankruptcy Court, D. Massachusetts.

February 24, 1983.

Attorney(s) appearing for the Case

Richard J. Cohen, Braunstein & Cohen, Hyannis, Mass., on brief, for plaintiff.

Jeffrey S. Ogilvie, Sp. Asst. Atty. Gen., Commonwealth of Massachusetts, Boston, Mass., on brief, for defendants.

OPINION

THOMAS W. LAWLESS, Chief Judge.

The issue before the Court is whether the pre-filing assignment by plaintiff-debtor of workmen's compensation benefits to the Commonwealth of Massachusetts Division of Public Welfare (hereinafter "DPW") in return for public welfare assistance from the DPW creates an avoidable judicial lien on exempt property.

BACKGROUND

On February 2, 1980, the plaintiff-debtor Michael E. Herrick was injured in the...

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