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IN RE BOSWELL

Bankruptcy No. B92-13030.

148 B.R. 31 (1992)

In re Fred BOSWELL, Debtor.

United States Bankruptcy Court, N.D. Ohio.

December 3, 1992.

Attorney(s) appearing for the Case

Sheldon Stein, Cleveland, OH, for debtor.

Michael S. Tucker, Weltman, Weinberg & Associates Co., L.P.A., Cleveland, OH, for Society Nat. Bank.

MEMORANDUM OF OPINION

DAVID F. SNOW, Bankruptcy Judge.

The Debtor filed a motion in this chapter 13 case to avoid a judicial lien on his home held by Society National Bank. The Bank has objected on the ground that the Debtor may not invoke the homestead exemption to avoid a judicial lien where the Debtor will continue to own and occupy the home pursuant to his chapter 13 plan. According to the parties' pleadings and briefs the fair market value of the home...

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