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IN RE SMITH

No. 04-10760-CJK.

315 B.R. 636 (2004)

In re Donald F. SMITH, Debtor.

United States Bankruptcy Court, D. Massachusetts.

September 30, 2004.

Attorney(s) appearing for the Case

Nina M. Parker, Esq., Parker & Associates, Winchester, MA, for debtor.

David J. Reier, Esq., Seyfarth Shaw, Boston, MA, for Eagle Bank.

George R. Desmond, Esq., Framingham, MA, for Natick Federal Savings Bank.

Joseph G. Butler, Esq., Barron & Stadfeld, PC, Boston, MA, Chapter 7 Trustee.

MEMORANDUM OF DECISION ON DEBTOR'S MOTION, AS AMENED, TO AVOID JUDICIAL LIENS AND DETERMINE VALUE

HENRY J. BOROFF, Bankruptcy Judge.

By the amended motion before the Court1, the Debtor, Donald F. Smith, has moved under 11 U.S.C. § 522(f) to avoid all but $10,668.73 of Eagle Bank's $355,000 attachment on his home; the Debtor contends that the balance of the attachment is a judicial lien that impairs his...

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