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IN RE NICOLLS

Bankruptcy No. 05-33208 BM. Adversary No. 07-2273 BM.

384 B.R. 113 (2008)

In re Scott NICOLLS and Erin A. Lohr a/k/a Erin A. Cartwright, Debtors. Charles O. Zebley Jr., Trustee, Plaintiff v. Toni McKay, i/a/d/b/a Starbound Entertainment, State Farm Mutual Automobile Association, Parkview Hospital, Inc., and Parkview Hospital Physicians, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

March 18, 2008.

Attorney(s) appearing for the Case

Charles O. Zebley Jr., Esq., for Plaintiff.

Timothy A. Krieger, Esq., for Defendants Toni McKay and State Farm.

Thomas A. McDonnell, Esq., for "Parkview" Defendants.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee in this adversary action asserts that the claims of defendants Parkview Hospital, Inc. and Parkview Hospital Physicians (collectively "Parkview") are unsecured. The trustee further asserts that as a hypothetical bona fide purchaser he may avoid their asserted lien upon the settlement proceeds of a lawsuit debtor Scott Nicolls...

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