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YPARREA v. ROSWELL PRODUCTION CREDIT ASS'N

Bankruptcy Nos. 80-00899J, 80-00689P, 80-00664J and 80-00583P, Adv. Nos. 80-0401J, 80-0487P, 80-0303J and 80-0306P.

12 B.R. 661 (1981)

In re John Cruz YPARREA and Louise Annette Yparrea, Plaintiffs, v. ROSWELL PRODUCTION CREDIT ASSOCIATION, Defendant. Mary Eileen Loyd WATT, Plaintiff, v. AETNA FINANCE COMPANY, Defendant. William A. BURNETT and Carol J. Burnett, Plaintiffs, v. BENEFICIAL FINANCE COMPANY, Defendant. Rudolfo v. HERNANDEZ and Victoria A. Hernandez, Plaintiffs, v. BENEFICIAL FINANCE COMPANY, Defendant.

United States Bankruptcy Court, D. New Mexico.

July 8, 1981.

Attorney(s) appearing for the Case

Robert I. Waldman, Roswell, N.M., for John Cruz Yparrea and Louise Annette Yparrea.

T. Sanders, Roswell, N.M., for Roswell Production Credit Association.

Mark B. McFeeley, Santa Fe, N.M., for Mary Eileen Loyd Watt.

John T. Fitzpatrick, Albuquerque, N.M., for Aetna Finance Co.

Brian Babington, Hobbs, N.M., for William A. Burnett, Carol J. Burnett, Rudolfo V. Hernandez and Victoria A. Hernandez.

Harold D. Stratton, Jr., Albuquerque, N.M., for Beneficial Finance Co.

OPINION

ROBERT A. JOHNSON and LOUIS PUCCINI, Jr., Bankruptcy Judges.

These cases have been consolidated for the resolution of an issue common to each: the constitutionality of § 522(f) of the Bankruptcy Reform Act of 1978 ("the Code") as applied to liens created in the period between the enactment of the Code on November 6, 1978, and its effective date of October 1, 1979 ("gap liens"). The other issues in each...

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