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IN RE TOPLITZKY

BAP No. CC-97-1920-JBS, Bankruptcy No. RS97-11859 MG.

227 B.R. 300 (1998)

In re Bernard TOPLITZKY, Debtor. Bernard TOPLITZKY, Appellant, v. John P. HOOTEN, Trustee of the Hooten Family Trust, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 13, 1998.

Attorney(s) appearing for the Case

Linda J. Littlefield, Palm Desert, CA, for appellant.

William J. Simon, Riverside, CA, for appellee.

Before: JONES, BRANDT, AND SNYDER, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge.

Debtor Bernard Toplitzky appeals from the bankruptcy court's order denying his motion to avoid a creditor's lien pursuant to 11 U.S.C. § 522(f).2 The bankruptcy court denied the motion on the condition that the creditor pay the Debtor the amount of Debtor's claimed exemption. The bankruptcy court reasoned the lien could remain because the Debtor's exemption was not impaired once the...

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