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IN RE OPPERMAN

No. 90-3138.

943 F.2d 441 (1991)

In re Rachel W. OPPERMAN, Debtor. WACHOVIA BANK AND TRUST COMPANY, N.A., Creditor-Appellee, v. Rachel W. OPPERMAN, Debtor-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1991.

Attorney(s) appearing for the Case

Edward Craig Hay, Jr., Whalen, Hay, Pitts, Hugenschmidt, Master, Devereux, & Belser, P.A., Asheville, N.C., for debtor-appellant.

Albert Lee Sneed, Jr., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Asheville, N.C., for creditor-appellee.

Before HALL, Circuit Judge, CHAPMAN, Senior Circuit Judge, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

HIRAM H. WARD, Senior District Judge:

This appeal arises from the district court's reversal of the holding of the bankruptcy court as to whether a judicial lien which has attached to residential property involved in a bankruptcy proceeding should be avoided entirely or allowed to survive pending the potential sale of the residence. The district court held that such a lien should survive under North Carolina law. Because of the recently decided case...

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