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UNITED STATES v. SECURITY INDUSTRIAL BANK

No. 81-184.

459 U.S. 70 (1982)

103 S.Ct. 407

74 L.Ed.2d 235

UNITED STATES v. SECURITY INDUSTRIAL BANK ET AL.

Supreme Court of United States.

Decided November 30, 1982.

Attorney(s) appearing for the Case

Alan I. Horowitz argued the cause for the United States. With him on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, and Deputy Solicitor General Geller.

Henry F. Field argued the cause for appellees. With him on the briefs for appellee Beneficial Finance of Kansas, Inc., were Abe Fortas, Phil C. Neal, and Joseph M. Berl. Michael E. Katch filed a brief for appellees Security Industrial Bank et al.

JUSTICE REHNQUIST delivered the opinion of the Court.

This case concerns the effect of 11 U. S. C. § 522(f)(2) (1976 ed., Supp. V), which permits individual debtors in bankruptcy proceedings to avoid liens on certain property. The Court of Appeals consolidated seven appeals from the Bankruptcy Courts for the Districts of Kansas and Colorado. In each case the debtor was an individual who instituted bankruptcy proceedings after the Bankruptcy Reform Act of 1978...

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