IN RE RICKE

Bankruptcy No. 87-61E, Motion No. 87-1039E.

84 B.R. 408 (1988)

In re Roger Clark RICKE, Jr., Debtor. Roger Clark RICKE, Jr., Movant, v. NATIONAL BANK OF THE COMMONWEALTH, Peggy Jo Ricke, and Richard W. Roeder, Esq., Trustee, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

March 31, 1988.


Attorney(s) appearing for the Case

Rodney M. Scott, Indiana, Pa., Eugene J. Brew and Thomas V. Myers, Erie, Pa., for Nat. Bank of the Com.

Lawrence C. Bolla, Erie, Pa., for debtor.

Richard W. Roeder, Titusville, Pa., Trustee.


OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Before us is debtor's MOTION TO AVOID LIEN IMPAIRING DEBTOR'S EXEMPTION. In that motion, debtor seeks to recover $3,750 from the National Bank of the Commonwealth ("Bank"). Since the debtor seeks to recover money, it would appear that the appropriate procedure required the initiation of an adversary proceeding by the filing of a complaint, rather than a motion. We will ignore that procedural nicety and move on to...

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