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IN RE VELASQUEZ

Bankruptcy No. 84-01700.

44 B.R. 1021 (1984)

In re Bennie Lee VELASQUEZ, Kellie Ann Velasquez, husband and wife, Debtors.

United States Bankruptcy Court, D. Idaho.

December 27, 1984.

Attorney(s) appearing for the Case

Dan Edwards, Suiter, Edwards & Gere, Eagle, Idaho, for debtors.

Charles B. Bauer, Lyons, Bohner, Chasan & Walton, Boise, Idaho, for Estate of John Gates.

MEMORANDUM DECISION

M.S. YOUNG, Bankruptcy Judge.

Debtors seek an order avoiding a judicial lien on their mobile home and the land on which it is situated. The lien was recorded on August 15, 1984, by the Estate of John Gates. On September 5, 1984, debtors filed a Declaration of Homestead upon the same property. Debtors thereafter filed for relief under chapter 13 of the Bankruptcy Code.

Debtors base their request upon § 522(f) of the Bankruptcy...

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