IN RE J. ROBERT PIERSON, INC.

Bankruptcy No. 82-00292G, Adv. No. 83-1703G.

36 B.R. 853 (1984)

In re J. ROBERT PIERSON, INC., Debtor. LONDON GROVE CONTRACTORS, INC., Plaintiff, v. J. ROBERT PIERSON, INC., Marker and Marker, Inc., Martin C. Marker, Jr. and Martin C. Marker and Sons, Inc., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 14, 1984.


Attorney(s) appearing for the Case

Randall C. Schauer, MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., West Chester, Pa., for plaintiff, London Grove Contractors, Inc.

Janet M. Sonnenfeld, Philadelphia, Pa., Thomas G. Gavin, West Chester, Pa., for debtor/defendant, J. Robert Pierson, Inc.

Marker & Marker, Inc., Martin C. Marker and Sons, Inc. and Martin C. Marker, Jr., pro se.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge.

The issue in this case is whether a creditor, who commenced garnishment proceedings against the debtor grounded on a lawsuit instituted by the debtor against a third party, has a valid lien on the settlement proceeds of that action where the settlement occurred after the debtor filed for relief under the Bankruptcy Code ("the Code"). If so, we must determine if the creditor is entitled to relief from the automatic...

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