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IN RE HEAD

Bankruptcy Nos. 3-79-00766, 3-79-00863, Adv. Nos. 3-79-0055, 3-79-0056.

4 B.R. 521 (1980)

In re James Leonard HEAD, Debtor. James Leonard HEAD, Plaintiff, v. HOME CREDIT COMPANY, Defendant. In re Richard Carlos BYRD and Martha June Byrd, Debtors. Richard Carlos BYRD and Martha June Byrd, Plaintiffs, v. HOME CREDIT COMPANY, Defendant.

United States Bankruptcy Court, D. Tennessee.

May 20, 1980.

Attorney(s) appearing for the Case

Robert B. Carter, Johnson City, Tenn., for plaintiffs.

Rowland E. Verran, Johnson City, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The question before this court is whether the lien avoidance provisions of section 522(f) of the Bankruptcy Reform Act of 1978 constitutes a taking of property without due process of law under the Fifth Amendment.1 Specifically, the question relates to two security agreements entered into prior to the effective date of the Reform Act.2

I

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