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MATTER OF PRIMM

Bankruptcy Nos. 79-20802, 79-20803, 79-20854, 79-20855, 79-20873, 79-20876 and 79-20888.

6 B.R. 142 (1980)

In the Matter of Ted Winston PRIMM, Shirley Ann Primm. In the Matter of Su-Sing HENDERSON. In the Matter of Randall Delbert HENDRICKS, Gloria Adele Hendricks. In the Matter of Steven Richard BELL, Joanne Louise Bell. In the Matter of Brenda Pauline MAHLER. In the Matter of Charles Steven BAXTER. In the Matter of John Joseph SIMPSON, Lanna Sue Simpson.

United States Bankruptcy Court, D. Kansas.

September 11, 1980.

Attorney(s) appearing for the Case

Thomas M. Mullinix, Kansas City, Kan., for debtors in Nos. 79-20802 and 79-20803.

Geoffrey E. Lind, Kansas City, Kan., for creditors.

Roger L. Sherman, Overland Park, for debtors in Nos. 79-20854 and 79-20855.

James E. Kunce, Shawnee Mission, Kan., for debtor in No. 79-20873.

Jack N. Bohm, Kansas City, Mo., for creditor in No. 79-20873.

Howard L. Lyden, Kansas City, Kan., for SIC Corp. in No. 79-20873.

Robert E. Davis, Leavenworth, Kan., for debtor in No. 79-20876.

Douglas E. Wood, Lenexa, Kan., for debtors in No. 79-20888.

MEMORANDUM OPINION

BENJAMIN E. FRANKLIN, Bankruptcy Judge.

The facts in each of these cases are not in dispute. The constitutionality of 11 U.S.C. § 522(f) as it applies to Chapter 7 and Chapter 13 of the Code is in question. Because of the issue of the constitutionality of the aforementioned section, this Court issued an Order of Certification in compliance with 28 U.S.C. § 2403 and notified the Attorney General of the United States, who subsequently...

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