IN RE KAISER

Bankruptcy No. 89-00173E, Adv. No. 89-0032, Motion No. 89-1019.

106 B.R. 434 (1989)

In re Robert R. KAISER a/k/a Robert K. Kaiser and Nancy A. Kaiser, His Wife, Debtors. Robert R. KAISER a/k/a Robert K. Kaiser and Nancy A. Kaiser, His Wife, Plaintiffs, v. O.E. PRATHER (Mutual of Omaha), Defendant. Robert R. KAISER a/k/a Robert K. Kaiser and Nancy A. Kaiser, His Wife, Movants, v. O.E. PRATHER (Mutual of Omaha) and James K. McNamara, Esq., Trustee, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

October 25, 1989.


Attorney(s) appearing for the Case

David M. Mosier, Erie, Pa., for debtors.

Christine H. McClure, Erie, Pa., for defendant.


OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Debtors filed the within adversary proceeding to avoid the lien of the judgment entered by O.E. Prather ("Prather") in the amount of $5,111.13 on February 10, 1989 upon debtors' residence at 2308 Harrison Street, Erie, Pennsylvania, on the theory that the judgment lien was a preference and was avoidable under § 547 of the Bankruptcy Code.

Debtors' voluntary petition was filed March 29, 1989, within...

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