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IN RE NEGRI

Bankruptcy No. 881-81915-20, Adv. No. 882-0489-20.

27 B.R. 941 (1983)

In re Carol NEGRI a/k/a Carol Collins and Carol Negro, Debtor. Carol NEGRI a/k/a Carol Collins and Carol Negro, Plaintiff, v. STATE TAX COMMISSION, Franklin National Bank, now known as European-American Bank and Trust Company, the Jamaica Hospital, Valley Bank of New York, Thomas Balme, National Bank of North America, Marine Midland Bank of New York, Household Finance Corporation, First National City Bank, Sun Oil Company, Nassau Trust Company, Olin Corporation, House of Costumes, Ltd., P & F Industries, Inc. (Bilnor Division), and James Barr, Trustee, Defendants.

United States Bankruptcy Court, E.D. New York.

March 7, 1983.

Attorney(s) appearing for the Case

Lupow, Grafstein & Frankfort by Fred Grafstein, Deer Park, N.Y., for debtor.

Halpern, Halpern & Axelrod by Christopher J. Badum, Mineola, N.Y., for Franklin National Bank (now known as European-American Bank and Trust Co.), National Bank of North America and Marine Midland of New York.

Holland & Zinker by Edward Zinker, Smithtown, N.Y., for trustee James Barr.

MEMORANDUM AND ORDER

ROBERT JOHN HALL, Bankruptcy Judge.

The issue before the Court is the applicability of 11 U.S.C. § 522(f)(1) to a series of judicial liens perfected prior to the enactment of the Bankruptcy Code in light of United States v. Security Industrial Bank, ___ U.S. ___, 103 S.Ct. 407, 74 L.Ed.2d 235 (1982). The Court concludes that the section is unavailable to the debtor.

Carol Negri (the debtor) filed a voluntary petition...

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