IN RE TOMKO

Bankruptcy Nos. 87-03238F, 87-03240F.

87 B.R. 372 (1988)

In re Steven H. TOMKO, t/a Tomko Oil and Gas and Carole C. Tomko, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

June 28, 1988.


Attorney(s) appearing for the Case

Timothy I. McCann, Sprecher, Felix, Visco, Hutchison & Young, Steven D. Usdin, Adelman Lavine Gold & Levin, Philadelphia, Pa., for secured creditor, John R. Kleiser.

Edward J. DiDonato, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for movant/debtors, Steven H. Tomko, t/a Tomko Oil and Gas and Carole C. Tomko.

John F. Murphy, Doylestown, Pa., Trustee.

James J. O'Connell, Philadelphia, Pa., Asst. U.S. Trustee.


MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

The debtors' motion to avoid a judicial lien held by John R. Kleiser gives rise to a very narrow question of statutory interpretation. The parties have stipulated to the relevant facts, which are now summarized.

I.

Two debtors, Steven H. Tomko and Carole Tomko (who are husband and wife) filed voluntary petitions in bankruptcy under chapter 11 on...

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