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IN RE SHANDS

Bankruptcy No. 84-00966.

57 B.R. 49 (1985)

In re Silas O. SHANDS, Debtor.

United States Bankruptcy Court, D. South Carolina.

October 10, 1985.

Attorney(s) appearing for the Case

John K. Fort, Spartanburg, S.C., for debtor.

Michael A. DeVine, Spartanburg, S.C., for creditor.

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

This matter is before the court on the motion of the debtor to avoid, pursuant to 11 U.S.C. § 522(f),1 a lien of his former wife, Evelyn Kay Shands, on his residence. The former wife contends that her lien is not a judicial lien (therefore, not avoidable under § 522(f)(1)) but is an equitable lien arising from the parties' divorce settlement.

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