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GAGLIA v. FIRST FEDERAL SAV. & LOAN ASS'N

No. 89-3215.

889 F.2d 1304 (1989)

Roland & Lynn GAGLIA, Jr., Appellants, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION; Equibank; James R. & Norma J. Stampfel d/b/a Stampfel's Nursery; and The United States of America, Small Business Administration, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 29, 1989.

As Amended January 30, 1990.

Attorney(s) appearing for the Case

Kenneth M. Steinberg (argued), Steidl and Steinberg, Pittsburgh, Pa., for appellants.

Richard S. Ehmann, Hollinshead, Mendelson & Nixon, P.C., Pittsburgh, Pa., for appellee First Federal Sav. & Loan Ass'n of Pittsburgh.

Reed J. Davis (argued), Davis Reilly, P.C., Pittsburgh, Pa., for appellee Equibank.

Charles D. Sheehy, Acting U.S. Atty., Constance M. Bowden, Asst. U.S. Atty. (argued), U.S. Attys. Office, Pittsburgh, Pa., for appellee The U.S. of America, Small Business Admn.

Michal Fox, Community Legal Services, Inc., Philadelphia, Pa., for amicus curiae Consumer Educ. and Protective Ass'n, Inc.

Gary J. Gaertner, Office of Chapter 13 Trustee, Pittsburgh, Pa., for amicus curiae Chapter 13 Standing Trustee.

Before GIBBONS, Chief Judge, HUTCHINSON, Circuit Judge, and REED, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Roland and Lynn Gaglia (the Gaglias) filed a voluntary petition under Chapter 7 of the Bankruptcy Code. The United States District Court for the Western District of Pennsylvania, affirming an order of the bankruptcy court, held that the Gaglias could not avoid the portion of secured liens that exceeded the value of the underlying property, since the property was not administered in the bankruptcy proceeding...

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