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IN RE WILKINSON

Bankruptcy No. 91-10676 K.

185 B.R. 133 (1995)

In re Keith A. WILKINSON, Jr. and Ann L. Wilkinson, Debtors.

United States Bankruptcy Court, W.D. New York.

July 18, 1995.

Attorney(s) appearing for the Case

William A. Savino, Damon & Morey, Buffalo, NY, for Trustee.

Robert Radel, Lipsitz, Green, Fahringer, Rolls, Salisbury & Cambria, Buffalo, NY, for debtors.

MICHAEL J. KAPLAN, Chief Judge.

The question presented to the Court is whether and to what extent a Chapter 7 debtor is subrogated to the rights of a judgment lien creditor under 11 U.S.C. § 522(f)(1) and § 522(i)(2), for purposes of the debtor's subsequent effort to obtain an order for the Trustee to abandon the homestead under § 554(a).

Here, the avoided judgment lien was a $125,000 lien (of a value of zero at the relevant point in time, however...

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