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IN RE BRUTON

Bankruptcy No. 93-01807-A7.

167 B.R. 923 (1994)

In re John Joseph BRUTON, Jr., Debtor.

United States Bankruptcy Court, S.D. California.

June 14, 1994.

Attorney(s) appearing for the Case

Barry J. Schwartz, Law Offices of Barry J. Schwartz, San Diego, CA, for plaintiff.

Bita Hoffman, San Diego, CA, for defendant.

MEMORANDUM DECISION

LOUISE DeCARL ADLER, Bankruptcy Judge.

John J. Bruton, Debtor, has moved to avoid the judicial lien of Spindrift Del Mar Homeowners Association ("HOA") pursuant to 11 USC Section 522(f), claiming that the lien impaired his homestead exemption. HOA opposes this motion, stating that Bruton did not reside at the property during those times required by the statute and is not entitled to a homestead exemption under the laws of the State of...

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