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IN RE HERMAN

BAP No. CC-89-2171-PMeO, Bankruptcy No. SB 89-04367 MG.

120 B.R. 127 (1990)

In re Ruth E. HERMAN, Debtor. William HARRIS, Appellant, v. Ruth HERMAN, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 24, 1990.

Attorney(s) appearing for the Case

Douglas Johnson, Chino Hills, Cal., for appellant.

Glen Rotner, Upland, Cal., for appellee.

Before PERRIS, MEYERS and OLLASON, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge:

The debtor sought to avoid judgment liens on her residence under 11 U.S.C. § 522(f). The judgment creditor contended that California law did not provide for a homestead exemption because the debtor had contracted for the voluntary sale of her residence and therefore the court should not avoid the liens. We affirm the bankruptcy court's order avoiding the liens.

FACTS

The debtor/appellee, Ruth E. Herman...

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