IN RE PRAY

Bankruptcy No. 98-16365-CJK.

242 B.R. 205 (1999)

In re Robert F. PRAY, Debtor.

United States Bankruptcy Court, D. Massachusetts.

December 20, 1999.


Attorney(s) appearing for the Case

Stephen E. Shamban, Braintree, MA, for debtor.

Roger Stanford, New Bedford, MA, for Jawa.

William Billingham, United States Trustee, Marshfield, MA, for Chapter 7 Trustee.


MEMORANDUM AND ORDER ON DEBTOR'S MOTION TO AVOID JUDICIAL LIENS PURSUANT TO 11 U.S.C. § 522

CAROL J. KENNER, Bankruptcy Judge.

The issue presented by the debtor's motion to avoid judicial liens is whether a judicial lien creditor may raise the equitable doctrine of marshaling as a defense. Because a marshaling order is premature in the absence of an actual liquidation, and for the other reasons set forth below, the Court concludes...

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