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IN RE BROWN

Bankruptcy No. 479-00363, Adv. No. 480-0001, Bankruptcy No. 480-00207, Adv. No. 480-0111.

7 B.R. 264 (1980)

In re James H. BROWN, III, and wife Linda Kay Brown, Debtors. James H. BROWN, III, and wife, Linda Kay Brown, Plaintiffs, v. TERMPLAN AND U.S. CREDIT LIFE, Defendants. In re Charles Earl KUYKENDALL and Sandra Ann Kuykendall, Debtors. Charles Earl KUYKENDALL and Sandra Ann Kuykendall, Plaintiffs, v. MANSFIELD STATE BANK, Defendant.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

December 3, 1980.

Attorney(s) appearing for the Case

David R. Casey, Hurst, Tex., Harry L. Cure, Jr., Ft. Worth, Tex., for plaintiff.

Robert M. Warner, Dallas, Tex., Bruce W. McGee, Fort Worth, Tex., for defendant.

Anthony Vaughn, Asst. U.S. Atty., Fort Worth, Tex., Richard L. Levine, Director and Counsel, Dept. of Justice, Washington, D.C., for intervenor, the United States.

JOHN FLOWERS, Bankruptcy Judge.

MEMORANDUM OPINION

The issue in these cases concerns the constitutionality of § 522(f)(2)(A) of the Bankruptcy Code. Termplan holds a nonpossessory, nonpurchase-money security interest in the debtors' household furnishings and appliances which attached between the enactment date of the Code (November 6, 1978) and the effective date of the Code, (October 1, 1979). Mansfield State Bank holds a nonpossessory nonpurchase...

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