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WALTERS v. U.S. NAT. BANK OF JOHNSTOWN

No. 89-3015.

879 F.2d 95 (1989)

In the Matter of Harold P. WALTERS and Patricia A. Walters, his wife, Debtors, v. UNITED STATES NATIONAL BANK IN JOHNSTOWN, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 20, 1989.

Attorney(s) appearing for the Case

Alan B. Gordon (argued), Sable, Makoroff & Libenson, Pittsburgh, Pa., for debtors.

Dennis S. Shilobod (argued), Messrs. Shilobod & Crenney, Pittsburgh, Pa., for appellant.

Before GIBBONS, Chief Judge, and NYGAARD and ALDISERT, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The United States National Bank in Johnstown appeals from an order of the district court which permitted Harold P. Walters, a bankrupt, to avoid a judicial lien on his homestead pursuant to 11 U.S.C. § 522(f)(1) for a debt which was non-dischargeable for fraud under 11 U.S.C. § 523(a)(2)(A). The bank, which holds the judgment, contends that the court erred in permitting a bankrupt whose debt was not dischargeable...

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