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ERNST v. SEARS, ROEBUCK & CO.

Adv. No. 3-82-0166, Bankruptcy No. 3-81-03132.

26 B.R. 959 (1983)

Herbert ERNST, Jr., Trustee in Bankruptcy, Plaintiff, v. SEARS, ROEBUCK & COMPANY, Defendant. In the Matter of Luther Ray PAGE, Debtor.

United States Bankruptcy Court, S.D. Ohio, W.D.

February 1, 1983.

Attorney(s) appearing for the Case

Ronald E. Reichard, Dayton, Ohio, for defendant.

Herbert Ernst, Jr., Dayton, Ohio, trustee/plaintiff.

James A. Hensley, Dayton, Ohio, for debtor.

DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

FINDINGS OF FACT

This matter is before the court upon a Complaint filed by Herbert Ernst, Jr., Trustee in Bankruptcy, to avoid a judgment lien obtained by Defendant Sears, Roebuck & Company (Sears), the certificate of judgment having been filed on September 17, 1981.

The bankruptcy petition was filed under Chapter 7 on 5 November 1981. The Debtor scheduled as property, in addition...

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