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IN RE BALDWIN

Bankruptcy No. 85-00085 E.

84 B.R. 394 (1988)

In re Richard BALDWIN, Debtor.

United States Bankruptcy Court, W.D. Pennsylvania.

March 23, 1988.

Attorney(s) appearing for the Case

William Pineo, Meadville, Pa., Chapter 7 Trustee.

James J. Stuczynski, Erie, Pa., for debtor.

Barbara Smith, Titusville, Pa., for Joseph F. Kulwicki.

Louis Stack, Meadville, Pa., for Mellon Bank.

OPINION1

WARREN W. BENTZ, Bankruptcy Judge.

Issue

Where the proceeds of sale of the debtor's residential real property exceed the amount of all consensual mortgages thereon, but such proceeds do not exceed the total amount of all liens (consensual and nonconsensual) in an amount sufficient to satisfy the debtor's homestead exemption, may the debtor use § 522(f) to obtain his exemption by avoiding judicial...

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