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WARDWELL v. METILLY

No. 2:00-CV-90.

253 B.R. 512 (2000)

Nathan WARDWELL and Shannon Wardwell, Debtor-Appellants, v. Paul METILLY, Creditor-Appellee.

United States District Court, D. Vermont.

July 25, 2000.

Attorney(s) appearing for the Case

Michael Roland Kainen, Law Office of Michael Kainen, White River Junction, VT, for Nathan Wardwell, Shannon Wardwell, appellants.

Kevin J. Purcell, Office of U.S. Trustee, Albany, NY, trustee.

Ray Obuchowski, Obuchowski & Ries, Bethel, VT, Chapter 7 Trustee.

OPINION AND ORDER

SESSIONS, District Judge.

This case is on appeal from the U.S. Bankruptcy Court for the District of Vermont. On February 8, 2000, Judge Robert L. Krechevsky denied Appellants Nathan and Shannon Wardwell's ("Wardwells") motion to avoid a mechanics lien on their home filed by Appellee Paul Metilly ("Metilly"). For the reasons stated below, the Court hereby REVERSES Judge Krechevsky's denial of the motion to avoid the lien.

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