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CHRISTAKIS v. JEANNE D'ARC CREDIT UNION

No. SJC-11758.

471 Mass. 365 (2015)

PAGONA CHRISTAKIS v. JEANNE D'ARC CREDIT UNION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 6, 2015.

Attorney(s) appearing for the Case

David G. Baker for the plaintiff.

Sandra M. Boulay for Jeanne D'Arc Credit Union.

John Pagliaro & Martin J. Newhouse, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

The issue on appeal is whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code. We conclude that the judicial liens survive the discharge where, as here, the Bankruptcy Court judge did not avoid them.2

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