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LUCERO v. SECURITY INDUS. BANK

Bankruptcy No. 80 M 0808.

4 B.R. 659 (1980)

In re Jarry Joseph LUCERO and Karen Lucille Lucero, Debtors/Plaintiffs, v. SECURITY INDUSTRIAL BANK, Defendant.

United States Bankruptcy Court, D. Colorado.

June 16, 1980.

Attorney(s) appearing for the Case

Milnor H. Senior, III, Littleton, Colo., for plaintiffs.

Michael E. Katch, Denver, Colo., for defendant.

MEMORANDUM OPINION

JOHN P. MOORE, Bankruptcy Judge.

THE MATTER before the Court arises upon the Plaintiffs' complaint, filed pursuant to 11 U.S.C. § 522(f)(1) (1978), to avoid the Defendant's judicial lien on the principal residence of the Plaintiffs. At issue here is the constitutionality of that section of the Bankruptcy Code as applied to the Defendant's judicial lien which arose on February 7, 1979, upon the recording of a transcript of judgment...

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