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IN RE ASHE

Bankruptcy No. 1-79-00882.

10 B.R. 97 (1981)

In re Charles E. ASHE and Susan J. Ashe, husband and wife, Debtors. The Commonwealth National Bank, Objector, United States of America, Intervenor.

United States Bankruptcy Court, M.D. Pennsylvania.

March 11, 1981.

Attorney(s) appearing for the Case

Leonard Tintner, Harrisburg, Pa., for Charles and Susan Ashe.

Jeannine Turgeon, Ralph W. Boyles, Jr., Harrisburg, Pa., for Commonwealth National Bank.

John C. Morland, Dept. of Justice, Washington, D.C., for United States.

MEMORANDUM AND ORDER

AVOIDING LIEN

THOMAS WOOD, Bankruptcy Judge.

This proceeding presents the issue of the constitutionality of retroactive application of section 522(f)(1) of the Bankruptcy Reform Act of 1978 (the Code) to a Pennsylvania judgment lien obtained by confession of judgment on a promissory note received from the debtors in a commercial loan transaction.

The transaction and the entry of judgment occurred on December 26, 1973...

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