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IN RE AUDEY

Bankruptcy No. 86-0045, Motion No. 86-1725.

66 B.R. 52 (1986)

In re Robert J. AUDEY, an individual, and Robert J. Audey, as a former partner of Cambria Construction Co., Debtor.

United States Bankruptcy Court, W.D. Pennsylvania.

October 9, 1986.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for debtor.

Michael Streib, Pittsburgh, Pa., for creditor.

James H. Stratton, Jr., Ebensburg, Pa., for Ebensburg Tax Claim Bureau.

Windber High Standard Coal Co., Windber, Pa., creditor.

Internal Revenue Service, District Director's Office, Craig R. McKay, U.S. Attorney's Office, Pittsburgh, Pa., Melody L. Moss, U.S. Dept. of Justice, Washington, D.C., for the IRS.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

This dispute involves avoidance of a lien under 11 U.S.C. § 522(f) and determination of secured value under 11 U.S.C. § 506(a). The IRS raises the application of case law In re Simonson, 758 F.2d 103 (3d Cir. 1985), as a defense to this lien avoidance action.

Frequently, the Bankruptcy Court is confronted by a fact situation in which judicial liens...

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