IN RE HART

No. 02-9005.

328 F.3d 45 (2003)

In re Lynn A. HART and David J. Hart, Debtors. Banknorth, N.A., f/k/a Peoples Heritage Bank, N.A., Appellant, v. Lynn A. Hart and David J. Hart, Debtors, Appellees.

United States Court of Appeals, First Circuit.

Decided May 8, 2003.


Attorney(s) appearing for the Case

Fred W. Bopp III, with whom Randy J. Creswell and Perkins, Thompson, Hinckley & Keddy, P.A. were on brief, for appellant.

Jeffrey M. Frankel, for appellees.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


TORRUELLA, Circuit Judge.

Banknorth, N.A. (the "Bank") appeals a judgment from the Bankruptcy Appellate Panel (the "Appellate Panel") affirming an order of the United States Bankruptcy Court of the District of Massachusetts ("Bankruptcy Court"), which granted the Debtors-Appellees' Motion To Avoid Judicial Liens Pursuant to 11 U.S.C. § 522(f). The Appellate Panel concluded that § 522(f)(2)(C) clarifies that judgments authorizing the sale of mortgaged premises...

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