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IN RE DOWNEY

Bankruptcy No. 00-53053 (RTL). Adversary No. 00-5368.

261 B.R. 124 (2001)

In re Joseph F. DOWNEY and Mary K. Downey, Debtors. Daniel Straffi, Trustee, Plaintiff, v. Anheuser Busch, Inc., et al., Defendants.

United States Bankruptcy Court, D. New Jersey.

April 12, 2001.

Attorney(s) appearing for the Case

John J. Farmer, Jr., Attorney General of New Jersey, Tracy E. Richardson, Deputy Attorney General, Trenton, NJ, Attorney for Defendant, the State of New Jersey.

Daniel Straffi, Toms River, NJ, Attorney for Plaintiff/Trustee.

Lewis Golden, Elizabeth, NJ, Pro Se Defendant.

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

This adversary proceeding addresses the issue of whether a lien under the New Jersey Division of Workers' Compensation statute ("NJ DWC") is a statutory lien under 11 U.S.C. § 101(53)1, which is unavoidable by the trustee under § 545 under these circumstances, or a judgment lien under 11 U.S.C. § 101(36), which may be avoided by the trustee under 11 U.S.C. §...

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