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IN RE LEAVELL

Bankruptcy Nos. 85-40274, 90-40398, Adv. Nos. 90-0162, 90-0161.

124 B.R. 535 (1991)

In re Daniel Russell LEAVELL, Debtor. Daniel Russell LEAVELL, Plaintiff, v. UNITED STATES of America, State of Illinois, Department of Revenue, Defendants. In re William and Charmaine CHENOWETH, Debtors. William and Charmaine CHENOWETH, Plaintiffs, v. WILLIAMSON COUNTY, ILLINOIS, Bruce A. Troutman, as County Treasurer of Williamson County Illinois, Fabick Machinery Co., the United States of America, John W. Kirby, Lauderdale and Decker Insurance Agency, Ltd., a Subsidiary of Consolidated Insurance Agency, Inc., Defendants.

United States Bankruptcy Court, S.D. Illinois.

March 7, 1991.

Attorney(s) appearing for the Case

Darrell Dunham, Carbondale, Ill., for Leavell and Chenoweth.

Robert Shaw, Mt. Vernon, Ill., for Fabick Mach.

Douglas Snoeyenbos, U.S. Atty., E. St. Louis, Ill., for U.S., Justice Dept.

Ill. Atty. Gen., for Dept. of Revenue.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

These adversary proceedings present a common issue of whether federal tax liens securing nondischargeable tax debts may be avoided by Chapter 7 debtors pursuant to 11 U.S.C. § 506(d). In each instance, the debtors own real property against which federal tax liens have been filed, and the property is encumbered by a first mortgage which exceeds the value of the property alleged by the debtors. In each instance...

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