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MATTER OF BARNES

Bankruptcy Nos. 80-00038, 80-00666-8, Adv. Nos. 80-0061-AP, 80-0135-AP.

11 B.R. 948 (1981)

In the Matter of Ada Gray Powell BARNES, Debtor. Ada Gray Powell BARNES, Plaintiff, v. ATLANTIC CREDIT CO.; National Finance Co.; Barclay's Finance Co.; Beneficial Finance Co.; Commercial Credit Co.; Provident Finance Co., Defendants. In the Matter of William A. CHERRY and Elaine W. Cherry, Debtors. William A. CHERRY and Elaine W. Cherry, Plaintiffs, v. PROVIDENT FINANCE CO.; Beneficial Finance Co. of Rocky Mount; Avco Financial Services of Fayetteville; National Finance Co., Defendants.

United States Bankruptcy Court, E.D. North Carolina.

June 24, 1981.

Attorney(s) appearing for the Case

Herbert Frank Allen, Tarboro, N.C., for plaintiffs.

James B. Craven, III, Durham, N.C., for defendant Beneficial Finance Co. of Rocky Mount.

OPINION AND ORDER

THOMAS M. MOORE, Bankruptcy Judge.

This matter comes on to be heard upon the Motion for Summary Judgment filed by defendant, Beneficial Finance Co. of Rocky Mount, through its attorney, James B. Craven, III, on May 22, 1980. The answer filed by defendant, Beneficial Finance Co. of Rocky Mount, raised the question of constitutionality of 11 U.S.C. § 522(f)(2), and the United States of America has intervened and is represented by William...

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