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IN RE DUNCAN

Bankruptcy Nos. 3-83-00161, 3-83-00216.

43 B.R. 833 (1984)

In re Malcolm E. DUNCAN and Genita P. Duncan, Debtors. In re Marion GEORGE, d/b/a Marion George Janitorial, Debtor.

United States Bankruptcy Court, D. Alaska.

August 10, 1984.

Attorney(s) appearing for the Case

M. Jane Pettigrew of Yerbich & Stanley, Anchorage, Alaska, for Malcolm E. Duncan and Genita P. Duncan.

Patricia R. Hefferan of Noel H. Kopperud, P.C., Wasilla, Alaska, for Carney Bros. Const. Co.

Jan Samuel Ostrovsky and Mary Ellen Beardsley of Campbell, Ostrovsky & Thwaites, Anchorage, Alaska, for Marion George, d/b/a Marion George Janitorial.

Albert D. Patterson, Anchorage, Alaska, for Edwin A. and Judy McEdwards.

OPINION

J. DOUGLAS WILLIAMS, II, Bankruptcy Judge.

The matter before the Court in each of these cases is whether, and to what extent, a judicial lien may be avoided pursuant to § 522(f) of the Bankruptcy Code ("Code")1 when there are liens junior to the judicial lien which are not avoidable, and where a failure to avoid the judicial lien will result in the debtor not receiving the full amount of the homestead exemption claimed...

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