IN RE COOMER

Bankruptcy No. 3-80-00560.

8 B.R. 351 (1980)

In re Albert Leon COOMER and Brenda Kay Coomer f/k/a Brenda Kay Spears, Debtors. Albert Leon COOMER and Brenda Kay Coomer, Plaintiffs, v. BARCLAYS AMERICAN FINANCIAL, INC. and Merit Finance Company, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 23, 1980.


Attorney(s) appearing for the Case

I. T. Collins, Jr., Kingsport, Tenn., for plaintiffs.

Jerry S. Jones, Johnson City, Tenn., for defendant, Merit Finance Company.


MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The question in this proceeding concerns the character of Merit Finance's security interest in certain household goods owned by the debtors, the Coomers. The Coomers seek to avoid Merit's security interest in the household goods. They can avoid it only if it is a nonpurchase-money security interest. 11 U.S.C. § 522(f)(2)(A) (1979).1

The facts are simple. The Coomers...

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