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IN RE BAILEY

Bankruptcy Nos. 3-80-00557, 3-80-00676 and 3-80-00358, Adv. Nos. 3-80-0264, 3-80-0330 and 3-80-0211.

10 B.R. 567 (1981)

In re David Henry BAILEY, Brenda Lou Bailey, Debtors. David Henry BAILEY, Brenda Lou Bailey, Plaintiffs, v. CIT, Defendant. In re Ricky Eugene BRADY, Sheba Jean Brady, Debtors. Ricky Eugene BRADY, Sheba Jean Brady, Plaintiffs, v. CIT, Defendant. In re Sherry Ann BOHANNON, Debtor. Sherry Ann BOHANNON, Plaintiff, v. THIRD NATIONAL BANK, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

March 30, 1981.

Attorney(s) appearing for the Case

Peter C. Kral, Knoxville, Tenn., for plaintiffs David Henry Bailey and Brenda Lou Bailey.

James R. Moore, Knoxville, Tenn., for plaintiffs Ricky Eugene Brady and Sheba Jean Brady.

David W. McNabb, Knoxville, Tenn., for plaintiff Sherry Ann Bohannon.

Wade M. Boswell, Knoxville, Tenn., for defendant CIT.

James L. Roberts, Nashville, Tenn., for defendant Third National Bank.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue in these adversary proceedings is whether the avoidance of liens under 11 U.S.C. § 522(f)(2)1 involving security interests created prior to the enactment of the Bankruptcy Reform Act constitutes a taking of property in violation of the 5th Amendment of the United States Constitution.2

I

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