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MENELL v. FIRST NAT. BANK OF BOSTON

Civ. No. 93-5567 (CSF).

174 B.R. 685 (1994)

Paul MENELL, Plaintiff, v. The FIRST NATIONAL BANK OF BOSTON, Defendant.

United States District Court, D. New Jersey.

February 23, 1994.

Attorney(s) appearing for the Case

Barry Warren Frost, Teich, Groh & Frost, Trenton, NJ, for Paul Menell.

Dean C. Waldt, Davis, Reberkenny & Abramowitz, Cherry Hill, NJ, for First National Bank of Boston.

OPINION

CLARKSON S. FISHER, District Judge.

Before the court is an appeal of a bankruptcy court order dated November 24, 1993. The sole issue on appeal is whether the bankruptcy court erred in holding that the clear language of 11 U.S.C. § 522(f)(1) of the Bankruptcy Code permits the debtor to avoid the appellee's lien only to the extent that it impairs his homestead exemption of $2,100, thereby rejecting the...

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