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IN RE STUMP

Bankruptcy No. 480-00184, Adv. No. 480-0104.

8 B.R. 516 (1981)

In re Rosetta Vivian STUMP, Debtor. Rosetta Vivian STUMP, Plaintiff, and United States of America, Intervenor, v. BENEFICIAL FINANCE COMPANY OF SOUTH DAKOTA, Sioux Falls, South Dakota, Defendant.

United States Bankruptcy Court, D. South Dakota.

January 23, 1981.

Attorney(s) appearing for the Case

J. Bruce Blake, Sioux Falls, S.D., for plaintiff.

John C. Quaintance, Quaintance & Swanson, Sioux Falls, S.D., for defendant.

Terry L. Pechota, U.S. Atty., Sioux Falls, S.D., for intervenor.

PEDER K. ECKER, Bankruptcy Judge.

Rosetta Vivian Stump, a Chapter 7 Debtor, filed a Complaint to avoid Beneficial Finance Company's, hereinafter Creditor's, nonpossessory, nonpurchase-money security interest in the household goods that she has claimed as exempt. Creditor's Answer alleged as an affirmative defense that retrospective application of 11 U.S.C. Section 522(f) violates the due process clause of the Fifth Amendment to the United States Constitution.

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