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IN RE SILVEIRA

No. 97-1917.

141 F.3d 34 (1998)

In re: Thomas J. SILVEIRA, Debtor. EAST CAMBRIDGE SAVINGS BANK, Appellant, v. Thomas J. SILVEIRA, Appellee.

United States Court of Appeals, First Circuit.

Decided April 21, 1998.

Attorney(s) appearing for the Case

Leonard M. Frisoli, with whom Frisoli & Associates, Cambridge, MA, was on brief, for appellant.

Richard S. Hackel, Boston, MA, for appellee.

Before TORRUELLA, Chief Judge, SELYA and STAHL, Circuit Judges.

STAHL, Circuit Judge.

This bankruptcy appeal requires us to decide the extent to which a Chapter 7 debtor may, pursuant to 11 U.S.C. § 522(f)(1) & (f)(2)(A), avoid the fixing of a judicial lien on the debtor's property, when the market value of the property exceeds the sum of (1) all consensual (non-judicial) liens on the property and (2) the amount of the debtor's exempt interest under 11 U.S.C. § 522(d). We hold that, in such a situation, section...

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