IN RE DESROSIERS

Bankruptcy No. 84-137.

49 B.R. 132 (1985)

In re Arthur J. DESROSIERS, Sr. and Deborah A. Desrosiers. Arthur J. DESROSIERS, Sr. and Deborah A. Desrosiers, Plaintiffs, v. PIONEER VALLEY CREDIT UNION, Defendant.

United States Bankruptcy Court, D. New Hampshire.

April 10, 1985.


Attorney(s) appearing for the Case

Paul A. Rinden, Concord, N.H., for defendant.

Lawrence G. Brann, Keene, N.H., for plaintiffs.


MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This case presents a simple question under § 522(f)(1) of the Bankruptcy Code that one initially would assume must have been decided many times before, i.e., can a debtor attack as a "judicial lien" a judgment creditor's "ownership" rights under a deed received from a levy and execution sale that occurred before bankruptcy? More precisely, can such an attack be made, completely avoiding the lien,...

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