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In re Charles Gerard Dwyer

Bankr. No.: 
94-50152
Chapter: 
7
Date of Decision: 
April 12, 1995
Issue: 
Whether creditor's judgment should be satisfied under 11 U.S.C. §§ 522(f) or 524(a)(1) and S.D.C.L. § 15-16-20?
Ruling: 
Judgment should be satisfied since the debtor's personal liability for the debt had been discharged. Further, the creditor would not retain any right to enforce a judgment lien after bankruptcy because the debtor did not own any non exempt real property at the time of the petition to which a lien could attach.
Full Bankruptcy Court Decision: