IN RE FIGY

Bankruptcy No. 87-04014-H7.

102 B.R. 785 (1989)

In re John M. FIGY, Jr. a/k/a and d/b/a T.V. Jacks, Debtor.

United States Bankruptcy Court, S.D. California.

July 18, 1989.


Attorney(s) appearing for the Case

Robert V. Schucker, Imperial Beach, Cal., for debtor.

Jerry Michael Suppa, San Diego, Cal., for plaintiff.

Law Firm of Lindley, Lazar & Scales, San Diego, Cal., for Transamerica Commercial.


MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether in a Chapter 7 case, the debtor is entitled to avoid a pre-judgment attachment lien on his homesteaded real property, when subsequent to the filing of the Chapter 7 petition, and at the time of the debtor's motion to avoid lien, he no longer resides in the homesteaded property.

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157...

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