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IN RE DURHAM

Bankruptcy No. 3-82-01671, Adv. No. 3-83-0120.

33 B.R. 23 (1983)

In re Verlin Ralph DURHAM and Joyce Virginia Handy Durham, Debtors. Verlin R. DURHAM and Joyce V.H. Durham, Plaintiffs, v. Lula MONTGOMERY, Defendant.

United States Bankruptcy Court, D. Tennessee.

August 25, 1983.

Attorney(s) appearing for the Case

Douglas P. Jones, Johnson City, Tenn., for plaintiffs.

Boarman & Vaughn, Victor J. Vaughn, Johnson City, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is the extent of avoidability of defendant's judicial lien against the debtors' homestead. 11 U.S.C.A. § 522(f)(1) (1979). Defendant's judicial lien was a matter of record when the debtors executed a first deed of trust against their homestead in favor of a third party. Nonetheless, the debtors contend the operative effect of Bankruptcy Code § 522(f)(1) advances the priority of the consensual...

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