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MATTER OF FERGUSON

Bankruptcy No. 81-00168, Adv. Nos. 81-0185, 81-0186.

14 B.R. 1004 (1981)

In the Matter of Ronald FERGUSON and Judy Ferguson and Ferguson Machinery Movers, Debtors. Ronald FERGUSON and Judy Ferguson and Ferguson Machinery Movers, Plaintiffs, v. FIRST NATIONAL BANK OF PENNSYLVANIA, Ace Doran Hauling and Rigging Company, and Robert G. Dwyer, Esq., Trustee, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

September 23, 1981.

Attorney(s) appearing for the Case

James K. Vogel, Colussi, Yochim, Skiba & Vogel, Erie, Pa., for debtors/plaintiffs.

Charles D. Marlett, Erie, Pa., for The First National Bank of Pennsylvania.

Robert G. Dwyer, Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., pro se for trustee.

MEMORANDUM IN SUPPORT OF ORDERS ON CONSTITUTIONAL ASPECTS AND VALIDITY OF SECTION 522(f) OF THE REVISED BANKRUPTCY CODE PROVIDING FOR THE AVOIDANCE OF LIENS TO THE EXTENT THEY IMPAIR EXEMPTION RIGHTS PROVIDED IN SAID CODE

WILLIAM B. WASHABAUGH, Jr., Bankruptcy Judge.

We have arrived at the conclusions hereinafter set forth in respect to the operation and constitutionality of Section 522(f) of the Bankruptcy Code of 1978 providing for the avoidance of...

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