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IN RE BAKER

Bankruptcy Nos. 80-00249-3, 80-0069-1, 80-00869-1-13 and 79-01684-3.

11 B.R. 125 (1981)

In re Ida B. BAKER, Debtor. In re Doris Amber REYNOLDS, Debtor. In re Bradley E. FARRELL, and Robin G. Farrell, Debtors. In re Steven C. RICE and June R. Rice, Debtors. Ida B. BAKER, Plaintiff, v. GFC CORPORATION OF MISSOURI, Defendant. Doris Amber REYNOLDS, Plaintiff, v. GFC CORPORATION OF MISSOURI, Defendant. Bradley E. FARRELL, and Robin G. Farrell, Plaintiffs, v. GFC CORPORATION OF KANSAS, Defendant. Steven C. RICE and June R. Rice, Plaintiffs, v. GFC CORPORATION OF MISSOURI, Defendant.

United States Bankruptcy Court, W.D. Missouri, W.D.

March 19, 1981.

Attorney(s) appearing for the Case

F. Coulter deVries, Kansas City, Mo., for Ida B. Baker debtor/plaintiff.

Joseph H. Ernst, Independence, Mo., for Doris Amber Reynolds debtor/plaintiff.

John R. Stonitsch, Kansas City, Mo., for Bradley E. & Robin G. Farrell debtors/plaintiffs.

Daniel C. Hall, Kansas City, Mo., for Steven C. & June R. Rice debtors/plaintiffs.

Robert D. Schollars, Kansas City, Mo., for GFC Corp. creditor/defendant.

Before FRANK P. BARKER, Jr., Chief Judge, and DENNIS J. STEWART and JOEL PELOFSKY, Bankruptcy Judges, sitting en banc.

ORDER PARTIALLY VACATING ORDER FINDING STATUTE CONSTITUTIONAL AS TO LIENS VESTING PRIOR TO EFFECTIVE DATE OF THE BANKRUPTCY REFORM ACT OF 1978

On July 31, 1981 this Court en banc upheld the constitutionality of 11 U.S.C. § 522(f) when applied retroactively to liens vesting prior to October 1, 1979 (the effective date of the new Bankruptcy Code). This ruling was based on our conclusion that Congress intended for the statute to be applied retroactively,...

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