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FITZGERALD v. DAVIS

Nos. 83-1456, 83-1462.

729 F.2d 306 (1984)

Lawrence Brian FITZGERALD and Janet Ann Fitzgerald, Appellees, v. Nick T. DAVIS and Amelia Davis, Appellants. In re Lawrence Brian FITZGERALD, Janet Ann Fitzgerald, Debtors. Lawrence Brian FITZGERALD and Janet Ann Fitzgerald, Appellants, v. Nick T. DAVIS and Amelia Davis, Appellees. In re Lawrence Brian FITZGERALD, Janet Ann Fitzgerald, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Daniel M. O'Connell, Jr., Warrenton, Va. (O'Connell & Mayhugh, P.C., Warrenton, Va., on brief), for appellants/cross-appellees.

Stephen S. Mitchell, Alexandria, Va. (McKinley, Schmidtlein & Mitchell, Alexandria, Va., on brief), for appellees/cross-appellants.

Before PHILLIPS and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Nick T. Davis and Amelia Davis, judgment lien creditors, appeal, and Lawrence B. Fitzgerald and Janet A. Fitzgerald, bankrupts, cross-appeal, assigning errors to the bankruptcy court's application of 11 U.S.C. § 522(f). We vacate the orders and remand the cases for further proceedings.

The Fitzgeralds filed for bankruptcy under Chapter 7 after the Davises obtained a $13,360.00 judgment against them. They later initiated the present proceedings...

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