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ALU v. STATE OF N.Y., DEPT. OF TAX. & FINANCE

Nos. CV 84-0762, CV 84-0763.

41 B.R. 955 (1984)

Vincent J. ALU and Vincent J. Alu f/d/b/a Terry's Wine, Terry's Wines & Liquors & Terry's Liquor Store, Plaintiff, v. STATE OF NEW YORK, DEPARTMENT OF TAXATION & FINANCE, State Tax Commission and William Brown, As Trustee, Defendants. Vincent J. ALU and Vincent J. Alu, f/d/b/a Terry's Wine, Terry's Wines & Liquors & Terry's Liquor Store, Plaintiff, v. CHARMER INDUSTRIES INC., Defendant.

United States District Court, E.D. New York.

August 29, 1984.

Attorney(s) appearing for the Case

Stephen Gelfand, Brooklyn, N.Y., for plaintiff.

William S. Brown, Garden City, N.Y., trustee.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is an appeal by the debtor in a bankruptcy proceeding from an order of the United States Bankruptcy Court for the Eastern District of New York dated January 18, 1984, which denied debtor-plaintiff's motion for an order avoiding the fixing of certain liens upon the debtor-plaintiff's residence.

Debtor-plaintiff owns certain real property valued at $65,000, which is subject to a first mortgage in the...

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