IN RE FALCK

Bankruptcy Nos. 80-3259-JD, LA 80-08950-JD.

12 B.R. 835 (1981)

In re Melvin S. FALCK, Debtor. Melvin S. FALCK, Plaintiff, v. HOUSEHOLD FINANCE CORPORATION, Defendant. HOUSEHOLD FINANCE CORPORATION, Counter-Claimant, v. Melvin S. FALCK, Jr., aka Melvin S. Falck, Patricia A. Falck, Counter-Defendants.

United States Bankruptcy Court, C.D. California.

July 17, 1981.


Attorney(s) appearing for the Case

Styskal, Wiese & Melchione, North Hollywood, Cal., for plaintiff.

Slate & Leoni, Los Angeles, Cal., for defendant.


OPINION

JAMES R. DOOLEY, Bankruptcy Judge.

The controlling legal issue in this case is whether 11 U.S.C. § 522(f)(2)(A) allows a debtor, who elects exemptions under California law, to avoid a nonpossessory, nonpurchase-money security interest in household furnishings, goods, and appliances. However, the issue arises in the context of a debtor husband who claimed the Federal exemptions and a debtor wife who claimed the California exemptions, and a factual...

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