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IN RE BRAGER

Bankruptcy No. 81-02612G, Adv. No. 82-1105G.

39 B.R. 441 (1984)

In re Benjamin BRAGER and Irma Brager, Debtors. Benjamin BRAGER and Irma Brager, Plaintiffs, v. Herschel BLUM and Helene Blum and Johanna Farms, Inc. and Frankford Quaker Grocery Co., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 19, 1984.

Attorney(s) appearing for the Case

Joseph S.U. Bodoff, Pincus, Verlin, Hahn, Reich & Goldstein, P.C., Philadelphia, Pa., for debtors/plaintiffs, Benjamin Brager and Irma Brager.

Jay G. Ochroch, Leonard P. Goldberger, Shelley V. Sodomsky, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for defendants, Herschel Blum and Helene Blum.

Barbara H. Sagar, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant, Johanna Farms, Inc.

Samuel M. Brodsky, Philadelphia, Pa., Interim Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

At issue in this case is whether the defendants' judgment lien on the debtors' real property is avoidable under 11 U.S.C. § 506 of the Bankruptcy Code ("the Code"). For the reasons stated herein we find that it is.

The facts of this case are as follows:1 The debtors filed a petition for the repayment of their debts under chapter 13 of the Code on July 6, 1981, although...

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