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MATTER OF BAKER

Bankruptcy Nos. 79-01684-3, 80-00249-3, 80-00659-1 and 80-00869-1-13.

5 B.R. 397 (1980)

In the Matter of Ida B. BAKER, Doris Amber Reynolds, Bradley E. Farrell, and Robin G. Farrell, 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.

July 31, 1980.

Attorney(s) appearing for the Case

F. Coulter deVries, Kansas City, Mo., for debtor/plaintiff, in No. 80-00249-3.

Robert D. Schollars, Kansas City, Mo., for creditor/defendant in No. 80-00249-3.

Joseph H. Ernst, Independence, Mo., for debtor/plaintiff in No. 80-00659-1.

Robert D. Schollars, Kansas City, Mo., for creditor/defendant in No. 80-00659-1.

John R. Stonitsch, Kansas City, Mo., for debtors/plaintiffs in No. 80-00869-1-13.

Robert D. Schollars, Kansas City, Mo., for creditor/defendant in No. 80-00869-1-13.

Daniel C. Hall, Kansas City, Mo., for debtors/plaintiffs in No. 79-01684-3.

Robert D. Schollars, Kansas City, Mo., for creditor/defendant in No. 79-01684-3.

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

ORDER CONSOLIDATING CERTAIN CASES IN WHICH MOTIONS TO AVOID LIENS UNDER 11 U.S.C. § 522(f) HAVE BEEN FILED; ORDER FINDING STATUTE CONSTITUTIONAL AS TO LIENS VESTING PRIOR TO EFFECTIVE DATE OF THE BANKRUPTCY REFORM ACT OF 1978; ORDER GRANTING MOTIONS TO AVOID LIENS

In all the cases now at bar, the defendants have raised the issue of the constitutionality of § 522(f) of the Bankruptcy Code, granting debtors the right to avoid judicial liens or nonpossessory...

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