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SCHULTE v. BENEFICIAL FINANCE OF KANSAS

Bankruptcy Nos. 79-11718, 79-11745.

8 B.R. 12 (1980)

In re Randall Dean SCHULTE, Ollie Denise Schulte, Debtors, v. BENEFICIAL FINANCE OF KANSAS, INC., Defendant. In re Richard Glen HUNTER, Sharon Kay Hunter, Debtors, v. BENEFICIAL FINANCE OF KANSAS, INC., Defendant.

United States Bankruptcy Court, D. Kansas.

October 24, 1980.

Attorney(s) appearing for the Case

Daniel S. Garrity, Wichita, Kan., for debtors.

Malcolm C. Black, Wichita, Kan., for defendant.

Richard L. Levine, Director and Counsel, Dept. of Justice, Washington, D.C., for the U.S.

John K. Pearson, Asst. U.S. Trustee, Wichita, Kan.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

These proceedings arose from the debtors' applications to avoid nonpurchase-money, nonpossessory liens of a creditor pursuant to 11 U.S.C. § 522(f). The creditor, in response to the debtors' applications, objects to the lien avoidance claiming that 11 U.S.C. § 522(f), if applied retrospectively, violated Fifth Amendment due process in taking property...

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